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This entry was published on 2014-09-22
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Definitions and rules of construction
Correction (COR) CHAPTER 43, ARTICLE 23
§ 700. Definitions and rules of construction. 1. As used in this
article the following terms have the following meanings:

(a) "Eligible offender" shall mean a person who has been convicted of
a crime or of an offense, but who has not been convicted more than once
of a felony.

(b) "Felony" means a conviction of a felony in this state, or of an
offense in any other jurisdiction for which a sentence to a term of
imprisonment in excess of one year, or a sentence of death, was

(c) "Revocable sentence" means a suspended sentence or a sentence upon
which execution was suspended pursuant to the penal law in effect prior
to September first, nineteen hundred sixty-seven; or a sentence of
probation or of conditional discharge imposed pursuant to the penal law
in effect after September first, nineteen hundred sixty-seven.

2. For the purposes of this article the following rules of
construction shall apply:

(a) Two or more convictions of felonies charged in separate counts of
one indictment or information shall be deemed to be one conviction;

(b) Two or more convictions of felonies charged in two or more
indictments or informations, filed in the same court prior to entry of
judgment under any of them, shall be deemed to be one conviction; and

(c) A plea or a verdict of gulity upon which sentence or the execution
of sentence has been suspended or upon which a sentence of probation,
conditional discharge, or unconditional discharge has been imposed shall
be deemed to be a conviction.