PEOPLE v. JONES


35 A.D.2d 661 (1970)

The People of the State of New York, Respondent, v. Harold Jones, Appellant

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

September 29, 1970


Judgment of conviction rendered September 19, 1969, resentencing defendant-appellant, unanimously reversed on the law, resentence vacated and defendant remanded for a hearing on the issue of the constitutionality of defendant's prior conviction.

The point is well taken that even on a resentence a defendant may challenge the constitutionality of a prior conviction previously utilized to adjudicate him a multiple offender. (People v. Wilkins,

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