PEOPLE v. HAYES

Ordered that the judgment is affirmed.

We have examined the record and find that the defendant's plea of guilty and his waiver of his right to appeal, made with the advice of his counsel, were knowingly, intelligently, and voluntarily entered as a part of a plea agreement ( see, People v Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1). In any event, the defendant's challenge to the factual adequacy of his plea allocution is unpreserved for appellate review ( see, People v. Claudio, 64 N.Y.2d 858; People v. Kimble, 176 A.D.2d 822), and without merit ( see, People v. Harris, 61 N.Y.2d 9, 16; People v Nixon, 21 N.Y.2d 338, 353).

Furthermore, the defendant was afforded meaningful representation of counsel ( see, People v. Rivera, 71 N.Y.2d 705, 708; People v. Baldi, 54 N.Y.2d 137, 146-147).

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.