The People v. Michael Thomas

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 5 The People &c., Appellant, v. Michael Thomas, Respondent. Jean M. Joyce, for appellant. Melissa S. Horlick, for respondent. STEIN, J.: The issue on this appeal is whether a resentence on a prior conviction—imposed after the original sentence is vacated as illegal—resets the date of sentencing for purposes of determining a defendant’s predicate felony status. We hold that the date on which -1- -2- No. 5 sentence was first imposed upon a prior…