The People v. Freddie Thompson
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Fahey, J.
This appeal turns on our conclusion that to revoke a penalty of probation does not equate to annulling a sentence under Penal Law § 60.01. In November 2010, defendant was convicted of, inter alia, two counts of the class B violent felony of robbery in the first degree (Penal Law § 160.15 [4]) (generally, instant conviction). Our primary interest in this case, however, lies not with those crimes, but with one of defendant’s prior convictions — specifically, his June 1994 conviction of the class B violent felony of assault in the first degree (Penal Law § 120.10…
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