PEOPLE v. ZIMMERMAN

Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 N.Y.2d 273; People v Streicher, 217 A.D.2d 947). That waiver encompassed defendant's challenges to the factual sufficiency of the plea allocution (see, People v Cooper, 191 A.D.2d 1046) and the excessiveness of the sentence (see, People v Allen, 82 N.Y.2d 761, 763; People v Chandler, 214 A.D.2d 1027). Moreover, where, as here, defendant pleads guilty "to a crime lesser than that charged in the indictment, a factual colloquy is not required" (People v Tirado, 214 A.D.2d 1044, 1045; see, People v Clairborne, 29 N.Y.2d 950, 951; People v Gould, 207 A.D.2d 989, lv denied 84 N.Y.2d 1032). Furthermore, even assuming, arguendo, that a factual colloquy were required, we would conclude that defendant's factual recitation was sufficient and that defendant's plea was entered voluntarily, knowingly and intelligently (see, People v Moissett, 76 N.Y.2d 909). Contrary to the assertion of defendant, the record establishes that defendant acknowledged that he intended to injure the victim seriously when he repeatedly struck her.