People v. Thomas

Summary

The New York Court of Appeals held that the date on which a sentence was first imposed for a prior conviction, rather than the date of a later resentencing after the original sentence was vacated as illegal, controls the sequentiality requirement for predicate felony status under Penal Law § 70.06. The court concluded that the defendant’s 1989 convictions remained predicate felonies for his 1993 conviction, even though he was later resentenced on the 1989 convictions. The court reversed the Appellate Division and denied the defendant’s motion to set aside his sentence.

Holdings

1. The date on which sentence was first imposed on the prior conviction, rather than the date of a later resentencing on that conviction, controls under Penal Law § 70.06 (1) (b) (ii), even when the original sentence was later vacated as illegal and a new sentence was imposed.
2. Thomas's 1989 convictions remained predicate felony convictions, and he was properly sentenced as a second felony offender on the 1993 conviction.

Questions Presented

1. Whether the original sentencing date or the later resentencing date controls the sequentiality requirement under Penal Law § 70.06 (1) (b) (ii) when an original sentence is vacated as illegal but the underlying conviction remains valid.
2. Whether Thomas's 1989 convictions remained predicate felony convictions for purposes of his enhanced sentence on the 1993 felony.

Disposition

reversed