Opinion
April 14, 1989
Appeal from the Monroe County Court, Celli, J.
Present — Dillon, P.J., Callahan, Denman, Green and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Since defendant's prior felony conviction was not obtained in violation of his constitutional rights, defendant was properly sentenced as a second felony offender. There is no merit to defendant's claim that his prior guilty plea was not knowingly and voluntarily made. Defendant, while represented by counsel, freely admitted that he was guilty of the crime charged. The court accepted the plea only after it was satisfied of defendant's competency and that defendant was guilty of the crime charged. Since defendant admitted his guilt, the fact that he did not set forth a factual basis for his guilty plea does not render the plea invalid (see, People v. Moore, 71 N.Y.2d 1002, 1005; People v. Darnley, 40 A.D.2d 951, affd 33 N.Y.2d 1000). Furthermore, a challenge to a plea based on an insufficient factual recitation is to be distinguished from a challenge based on constitutional grounds and may not properly be raised in a second felony offender adjudication (see, People v. Perkins, 89 A.D.2d 956).