People v. Wimes

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [3]). “To the extent that defendant challenges the factual sufficiency of the plea allocution, his waiver of the right to appeal encompasses that contention” (People v Spivey, 9 AD3d 886, 886 [2004], lv denied 3 NY3d 712 [2004]; see People v Donahue, 21 AD3d 1359 [2005], lv denied 6 NY3d 775 [2006]). Contrary to defendant’s further contention, Supreme Court did not abuse its discretion in denying his motion to withdraw his plea on the…