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.