People v. Wilkins

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 defendant, after having been adjudged guilty of a felony, was later convicted of another felony—Wilkins following a trial in 1956, Jones on a plea of guilty in 1960 — and sentenced as a second felony offender. Keither defendant took an…