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PEOPLE v. GRIMES

94 A.D.2d 957 (1983)

The People of the State of New York, Appellant, v. Alfred Grimes, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 25, 1983

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 (

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