New York statute
N.Y. Criminal Procedure Law § 400.16 — Procedure for determining whether defendant is a persistent violent felony offender
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 400: Pre-sentence Proceedings, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 400.16
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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