People v. Simmons

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered October 30, 2003, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Pursuant to a negotiated plea agreement, defendant pleaded guilty to assault in the second degree in full satisfaction of a four-count indictment and waived his right to appeal. As agreed, he was sentenced to three years in prison, with five years of *1019postrelease supervision. Defendant now challenges the factual sufficiency of the plea allocution.

Where, as here, the plea was knowing, voluntary and…