Court of Appeals of New York

For purposes of determining the sequentiality of a defendant's current and prior convictions under New York's sentence enhancement statutes, the date of sentence for a defendant's prior conviction is the original date on which the defendant received a lawful prison term upon a valid conviction for that prior crime, regardless of whether the defendant or the government seeks resentencing on that conviction to correct the flawed imposition of post-release supervision. Therefore, at sentencing for a more recent crime, the defendant's prior conviction qualifies as a predicate felony conviction if the original date of sentence precedes the commission of the present offense.

Appellate Information

• Decided 11/14/2013
• Published 11/14/2013

Judges

• ABDUS-SALAAM

Court

• Court of Appeals of New York

Counsel