People v. Jones

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD JONES, Appellant

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

Date published: Sep 29, 1970

35 A.D.2d 661 (N.Y. App. Div. 1970)

Opinion

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, 34 A.D.2d 632.)

Concur — Stevens, P.J., Eager, McGivern and Nunez, JJ.