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 A.D.2d 956; see, also, People v Fooks, 21 N.Y.2d 338, 350, cert den sub nom. Robinson v New York, 393 U.S. 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 N.Y.2d 35, cert den 455 U.S. 947).