From Casetext: Smarter Legal Research

People v. Wilkes

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1968
30 A.D.2d 563 (N.Y. App. Div. 1968)

Opinion

May 20, 1968


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 16, 1966, convicting him of attempted sodomy in the first degree, three counts of assault in the second degree, and possession of weapons and dangerous instruments as a misdemeanor, after a nonjury trial, and sentencing him as a fourth felony offender to concurrent terms of imprisonment for 15 years to life on each felony count and suspending sentence on the misdemeanor count. Judgment reversed, on the law, and case remanded to the Supreme Court, Kings County, for the purpose of conducting a hearing upon the issue of the constitutional validity of defendant's 1942 felony conviction, and thereupon determining that issue, and for such other proceedings as will not be inconsistent with the views expressed herein. The findings of fact below are affirmed. We conclude that defendant's guilt was established beyond a reasonable doubt and that conviction will not be disturbed. However, at sentencing, the court below erred in refusing to conduct a hearing to determine the constitutional validity of defendant's 1942 felony conviction. Upon his sentencing, a multiple felony offender may challenge the constitutional validity of a prior felony conviction (Penal Law, § 1943) upon the ground of inadequate representation of assigned counsel ( People v. Tomaselli, 7 N.Y.2d 350; People v. Brown, 7 N.Y.2d 359). Beldock, P.J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.


Summaries of

People v. Wilkes

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1968
30 A.D.2d 563 (N.Y. App. Div. 1968)
Case details for

People v. Wilkes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILBERT WILKES…

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

Date published: May 20, 1968

Citations

30 A.D.2d 563 (N.Y. App. Div. 1968)

Citing Cases

People v. Thompson

(CPL 400.21, subd 7, par [b].) Defendant was entitled to a hearing upon the matter, the People having the…

People v. Molero

A defendant at a second violent felony offender hearing "may challenge the constitutional validity of a prior…