N.Y. Criminal Procedure Law § 400.16: Procedure for determining whether defendant is a persistent violent felony offender

§ 400.16 Procedure for determining whether defendant is a persistent

violent felony offender.

1. Applicability. The provisions of this section govern the procedure

that must be followed in any case where it appears that a defendant who

stands convicted of a violent felony offense as defined in subdivision

one of section 70.02 of the penal law has previously been subjected to

two or more predicate violent felony convictions as defined in paragraph

(b) of subdivision one of section 70.04, and may be a persistent violent

felony offender as defined in section 70.08 of the penal law.

2. Statement; preliminary examination; hearing; subsequent use of

predicate violent felony conviction finding. The requirements set forth

in subdivisions two, three, four, five, six, seven and eight of section

400.15 with respect to the statement to be filed, preliminary

examination, hearing and subsequent use of a predicate violent felony

conviction finding in the case of a second violent felony offender,

shall also apply to a determination of whether a defendant has been

subjected to two or more violent predicate felony convictions and is a

persistent violent felony offender.