PEOPLE v. THOMAS

No. 5.

33 N.Y.3d 1 (2019)

121 N.E.3d 270

97 N.Y.S.3d 642

2019 NY Slip Op 01167

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL THOMAS, Respondent.

Court of Appeals of New York.

Decided February 19, 2019.


Attorney(s) appearing for the Case

Eric Gonzalez , District Attorney, Brooklyn ( Jean M. Joyce and Leonard Joblove of counsel), for appellant.

Paul Skip Laisure , Appellate Advocates, New York City ( Melissa S. Horlick of counsel), for respondent.


OPINION OF THE COURT

The issue on this appeal is whether a resentence on a prior conviction—imposed after the original sentence is vacated as illegal—resets the date of sentencing for purposes of determining a defendant's predicate felony status. We hold that the date on which sentence was first imposed upon a prior...

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