People v. Nance

110 A.D.2d 857, 488 N.Y.S.2d 257, 1985 N.Y. App. Div. LEXIS 48769

Opinion

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 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.