PEOPLE v. SPENCER


32 N.Y.2d 446 (1973)

The People of the State of New York, Appellant, v. Michael Spencer, Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1973.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Alan D. Marrus of counsel), for appellant.

Philip L. Weinstein and William E. Hellerstein for respondent.

Chief Judge FULD and Judges BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur.


BURKE, J.

The issue presented on this appeal is whether a defendant, who allegedly was not apprised of his statutory right to attack the constitutionality of his two predicate-felony convictions at the time of his resentencing for his third-felony conviction, is entitled to be resentenced or, alternatively, to a hearing, when his petition for a writ of error coram nobis is factually bare to support his...

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