N.Y. Correction Law § 700: Definitions and rules of construction

§ 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

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.