Opinion
Argued January 6, 1972
Decided January 14, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWIN M. O'GORMAN, J.
Jerome S. Cohen, Acting District Attorney ( Lawrence X. Kennedy of counsel), for appellant.
Max Levinson for respondent.
Order reversed and the case remitted to the Appellate Division for consideration of questions other than questions of law (Code Crim. Pro., § 543-b; CPL 470.40, subd. 2, par. [b]). The offer of a plea was based on the understanding that the perjury indictment would be dismissed. A bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed ( People v. Lynn, 28 N.Y.2d 196, 201-202; People v. Foster, 19 N.Y.2d 150, 154; People v. Griffin, 7 N.Y.2d 511, 515-516).
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Taking no part: Judge BURKE.