Majority
p. 857The People of the State of New York, Respondent, v Harold Nance, Appellant.
The trial court honored the promises it had made by offering the defendant the opportunity to withdraw his plea (People v Selikoff, 35 NY2d 227 , 235, 238, cert denied 419 US 1122 ). As to the predicate felony, the court was not required to conduct a hearing pursuant to CPL 400.15 (5), merely because defendant claimed the inadequacy of the factual recitation, involving one of his pleas of guilty. Such a challenge is “to be distinguished from a challenge based on constitutional grounds” (People v
p. 858
Perkins, 89 AD2d 956 ; People v Grimes, 94 AD2d 957 ; cf. People v Frett, 79 AD2d 991 ; People v Hubbard, 71 AD2d 924 ). A factual basis inquiry is only one means of assuring that a guilty plea is voluntary and intelligent, but is not a constitutional requirement in itself (Willbright v Smith, 745 F2d 779 ). Lazer, J. P., O’Connor, Weinstein, and Brown, JJ., concur.
Cases cited
- People v. Selikoff 35 NY2d 227 at 235, 238 p. 857