PEOPLE v. LINDBERGH


33 A.D.2d 800 (1969)

The People of the State of New York, Respondent, v. Victor R. Lindbergh, Appellant

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

December 22, 1969


Judgment reversed, on the law, and case remitted to the court below for further proceedings as hereinafter indicated.

Findings of fact below, if any, have not been considered. On resentence, defendant was given the opportunity, for the first time, of contesting the constitutionality of a prior felony conviction, upon a plea of guilty, which was sought to be used against him as a predicate for multiple offender treatment (Penal Law, § 1943 [the controlling statute...

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