People v. Harper

—Judgment insofar as it imposes sentence unanimously reversed on the law and matter remitted to Monroe County Court for resentencing in accordance with the following Memorandum: County Court declined to sentence defendant as a second felony offender because there was no record of defendant’s prior plea, and thus the court found that it could not determine whether defendant was "fully aware of his constitutional rights that he had at that point.” CPL 400.21 establishes the procedure for determining whether a defendant is a second felony offender. The court may hold a hearing on the issue (see,…