People v. Barrett

Appellate Division of the Supreme Court of New York

People v. Barrett

41 A.D.2d 938, 343 N.Y.S.2d 430, 1973 N.Y. App. Div. LEXIS 4490

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 14, 1973

StatusPublished

This text of 41 A.D.2d 938 (People v. Barrett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barrett, 41 A.D.2d 938, 343 N.Y.S.2d 430, 1973 N.Y. App. Div. LEXIS 4490 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 8, 1971 on resentence nunc pro tumo as [939]*939of 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, dining resentencing, the court should have directed a hearing rather than require that the matter he 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.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 8, 1971 on resentence nunc pro tumo as [939]*939of 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, dining resentencing, the court should have directed a hearing rather than require that the matter he 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.

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Bluebook (online)

41 A.D.2d 938, 343 N.Y.S.2d 430, 1973 N.Y. App. Div. LEXIS 4490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barrett-nyappdiv-1973.