Court of Appeals of New York

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People v. Thompson, 16

Sentence for robbery in the first degree based on a prior conviction for assault in the first degree is vacated and remanded for resentencing. The Court held that the revocation of probation under Penal Code section 60.01 is not the analogue of an annulment of a sentence and concluded that the original sentencing date controls for the purpose of determining the eligible look-back period in Penal Law section 70.04 for prior conviction sentencing.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2016/02/22

Judges

  • FAHEY

Court

  • Court of Appeals of New York

Counsel


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