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.