Opinion
April 22, 1985
Appeal from the Supreme Court, Kings County (Heller, J.).
Judgment affirmed.
The trial court honored the promises it had made by offering the defendant the opportunity to withdraw his plea ( People v Selikoff, 35 N.Y.2d 227, 235, 238, cert denied 419 U.S. 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 Perkins, 89 A.D.2d 956; People v. Grimes, 94 A.D.2d 957; cf. People v. Frett, 79 A.D.2d 991; People v. Hubbard, 71 A.D.2d 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 F.2d 779). Lazer, J.P., O'Connor, Weinstein, and Brown, JJ., concur.