Opinion
May 13, 1971
Judgment, Supreme Court, New York County, rendered on October 9, 1969, convicting defendant, upon his plea of guilty, of robbery in the first degree and resentencing him as a second felony offender, nunc pro tunc as of January 13, 1961, unanimously modified, on the law, to the extent of vacating the sentence and the matter remanded for resentence to give the defendant the opportunity, on being duly informed as to his rights, to challenge the constitutionality of the prior felony conviction which served as the predicate for a second felony offender sentence, and for proper proceedings on any such challenge. (See People v. Wilkins, 28 N.Y.2d 213.)
Concur — Capozzoli, J.P., Nunez, Kupferman, Steuer and Eager, JJ.