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PEOPLE v. BARRETT

41 A.D.2d 938 (1973)

The People of the State of New York, Respondent, v. Ronald T. Barrett, Appellant

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

May 14, 1973

Judgment of resentence reversed, on the law, and case remanded to the Criminal Term for further resentencing.

In our opinion, when defendant challenged the constitutionality of his prior felony convictions, during resentencing, the court should have directed a hearing rather than require that the matter be raised on new papers (People v. Wilkins, 34 A.D.2d 632, affd.

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