Opinion
November 7, 1988
Appeal from the Supreme Court, Kings County (Marano, J.).
Ordered that the resentences are reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a hearing and determination regarding the defendant's status as a second violent felony offender and for resentencing.
Before the imposition of the resentences herein, the defendant challenged the validity of his prior felony conviction on the ground of ineffective assistance of counsel. As conceded by the People, the defendant's allegation constitutes a constitutional challenge. Such a challenge may be raised for the first time even at a second violent felony offender hearing. Thus, an evidentiary hearing is warranted (see, People v. Ordine, 130 A.D.2d 518, 519; CPL 400.15 [b]). Mollen, P.J., Bracken, Weinstein and Harwood, JJ., concur.