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People v. Barrett

Appellate Division of the Supreme Court of New York, Second Department
May 14, 1973
41 A.D.2d 938 (N.Y. App. Div. 1973)

Opinion

May 14, 1973


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 8, 1971 on resentence nunc pro tunc as of June 12, 1959, upon a conviction (in the former County Court, Kings County) of manslaughter in the first degree, upon a plea of guilty, sentencing him to a prison term of 20 to 30 years. 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. 28 N.Y.2d 213). Hopkins, Acting P.J., Munder, Martuscello, Gulotta and Christ, JJ., concur.


Summaries of

People v. Barrett

Appellate Division of the Supreme Court of New York, Second Department
May 14, 1973
41 A.D.2d 938 (N.Y. App. Div. 1973)
Case details for

People v. Barrett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD T. BARRETT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 14, 1973

Citations

41 A.D.2d 938 (N.Y. App. Div. 1973)