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PEOPLE v. THOMPSON

No. 16.

26 N.Y.3d 678 (2016)

47 N.E.3d 704

27 N.Y.S.3d 425

2016 NY Slip Op 00997

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDDIE THOMPSON, Appellant.

Court of Appeals of New York.

Decided February 11, 2016.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( A. Alexander Donn of counsel), for appellant.

Daniel M. Donovan, Jr. , District Attorney, Staten Island ( Anne Grady and Morrie I. Kleinbart of counsel), for respondent.

Judges PIGOTT, RIVERA, ABDUS-SALAAM and STEIN concur; Chief Judge DiFIORE and Judge GARCIA taking no part.

OPINION OF THE COURT

This appeal turns on our conclusion that to revoke a penalty of probation does not equate to annulling a sentence under Penal Law § 60.01. In November 2010, defendant was convicted of, inter alia, two counts of the class B violent felony...

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