People v. Grimes

— Order unanimously reversed, motion granted and defendant remanded to Monroe County Court for resentencing. Memorandum: It was error for the court to deny the People’s motion to sentence defendant as a second felony offender. “A challenge to a plea based on an insufficient factual recitation is to be distinguished from a challenge based on constitutional grounds” and may not properly be raised for the first time in a second felony offender adjudication (People v Perkins, 89 AD2d 956; see, also, People v Fooks, 21 NY2d 338, 350, cert den sub nom. Robinson v New York, 393 US 1067). Nor was any…