Section 700. Definitions and rules of construction  


Latest version.
  • 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
      authorized.
        (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.