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PEOPLE v. WILKINS

28 N.Y.2d 213 (1971)

The People of the State of New York, Appellant-Respondent, v. James Wilkins, Respondent-Appellant. The People of the State of New York, Appellant, v. Harold Jones, Respondent.

Court of Appeals of the State of New York.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Burton B. Roberts, District Attorney of Bronx County (Marian Blank Belenky and Daniel J. Sullivan of counsel), for appellant-respondent.

Jack Himmelstein, Jack Greenberg, Conrad K. Harper and Elizabeth DuBois for James Wilkins, respondent-appellant.

Frank S. Hogan, District Attorney of New York County (William C. Donnino, Michael R. Juviler and Lewis R. Friedman of counsel), for appellant.

Julia P. Heit and Milton Adler for Harold Jones, respondent.

Judges BERGAN, BREITEL and GIBSON concur with Chief Judge FULD; Judge SCILEPPI dissents and votes to reverse in a separate opinion in which Judge JASEN concurs; Judge BURKE taking no part.

Chief Judge FULD.

The principal question posed by these appeals is whether a defendant, resentenced in accordance with the rule laid down in People v. Montgomery (24 N.Y.2d 130), may, upon such resentencing, challenge the constitutionality of a prior felony conviction relied upon as a predicate for multiple felony offender treatment.

In each of these cases, the...

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