¶1— 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 evidence submitted that defendant was denied effective assistance of counsel in the prior proceeding or that there was a “significant possibility” of a conflict of interest as a result of counsel’s joint representation in the prior plea negotiations (People v Monroe, 54 NY2d 35, cert den 455 US 947). (Appeal from order of Monroe County Court, Barr, J. — second felony offender.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.
94 A.D.2d 957
People v. Grimes
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1983
Appellate Division of the Supreme Court of the State of New York · decided 1983-05-25
Good law ✅— No negative treatment on recordhow we know
Decided 1983-05-25
How this case has been cited
Cited by 6 later decisions — most recently November 2004
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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