PEOPLE v. NANCE

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.