Opinion
February 10, 1986
Appeal from the Supreme Court, Kings County (Murray, J.).
Sentence, as amended, affirmed.
The sentencing court properly sentenced defendant as a second felony offender. Defendant's contention that the plea allocution for the predicate felony was actually to a crime other than the one charged in his indictment is not supported by the record. We also note that this objection has not been preserved for review as "[a] challenge to a plea based on an insufficient factual recitation is to be distinguished from a challenge based on constitutional grounds, which may be sustained even if raised for the first time at a second felony offender hearing" (People v Perkins, 89 A.D.2d 956; see also, People v. Savino, 115 A.D.2d 571). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.