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Current as of January 01, 2024 | Updated by FindLaw Staff
1. As used in this article the following terms have the following meanings:
(a) “Eligible offender” shall mean a person who has been convicted of a crime or of an offense, but who has not been convicted more than once of a felony.
(b) “Felony” means a conviction of a felony in this state, or of an offense in any other jurisdiction for which a sentence to a term of imprisonment in excess of one year, or a sentence of death, was authorized.
(c) “Revocable sentence” means a suspended sentence or a sentence upon which execution was suspended pursuant to the penal law in effect prior to September first, nineteen hundred sixty-seven; or a sentence of probation or of conditional discharge imposed pursuant to the penal law in effect after September first, nineteen hundred sixty-seven.
2. For the purposes of this article the following rules of construction shall apply:
(a) Two or more convictions of felonies charged in separate counts of one indictment or information shall be deemed to be one conviction;
(b) Two or more convictions of felonies charged in two or more indictments or informations, filed in the same court prior to entry of judgment under any of them, shall be deemed to be one conviction; and
(c) A plea or a verdict of guilty upon which sentence or the execution of sentence has been suspended or upon which a sentence of probation, conditional discharge, or unconditional discharge has been imposed shall be deemed to be a conviction.
Cite this article: FindLaw.com - New York Consolidated Laws, Correction Law - COR § 700. Definitions and rules of construction - last updated January 01, 2024 | https://codes.findlaw.com/ny/correction-law/cor-sect-700.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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