(concurring) :
I concur in the order of remand to the Oswego County Court so that there rela*531tor may be resentenced on his plea of guilty to the crime of forgery, second degree, without regard to the Mercer County April 15, 1958 guilty plea and judgment of conviction or the Allegheny County sentencing proceedings of September 21, 1959 after the June 5, 1957 guilty plea, the two unconstitutionally obtained judgments of conviction used by the State in the multiple offender information upon which the Oswego County Court sentenced petitioner as a multiple offender.
If the State, at the Oswego County Court resentencing proceedings, files a multiple offender information based upon the June 5, 1957 Allegheny County proceedings, I would not foreclose relator from maintaining that he had no effective legal representation on that occasion, or foreclose him later, under 28 U.S.C. § 2244, from obtaining a full adjudication in that respect if he should subsequently bring a petition for the issuance of a writ of habeas, or seek other post-conviction relief.