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New York Penal - Article 70 - § 70.10 Sentence of Imprisonment for Persistent Felony Offender

Legal Research Home > New York Laws > Penal > New York Penal - Article 70 - § 70.10 Sentence of Imprisonment for Persistent Felony Offender


Penal 
 
  § 70.10 Sentence of imprisonment for persistent felony offender.
    1. Definition of persistent felony offender.
    (a)  A persistent felony offender is a person, other than a persistent
  violent  felony  offender  as  defined  in  section  70.08,  who  stands
  convicted  of  a felony after having previously been convicted of two or
  more  felonies,  as  provided  in  paragraphs  (b)  and  (c)   of   this
  subdivision.
    (b)  A  previous felony conviction within the meaning of paragraph (a)
  of this subdivision is a conviction of a felony in this state, or  of  a
  crime in any other jurisdiction, provided:
    (i)  that  a sentence to a term of imprisonment in excess of one year,
  or a sentence to death, was imposed therefor; and
    (ii) that  the  defendant  was  imprisoned  under  sentence  for  such
  conviction prior to the commission of the present felony; and
    (iii)  that the defendant was not pardoned on the ground of innocence;
  and
    (iv) that  such  conviction  was  for  a  felony  offense  other  than
  persistent sexual abuse, as defined in section 130.53 of this chapter.
    (c)  For  the  purpose of determining whether a person has two or more
  previous felony convictions, two or more convictions of crimes that were
  committed prior to the time the defendant was imprisoned under  sentence
  for any of such convictions shall be deemed to be only one conviction.
    2.  Authorized  sentence.  When  the  court has found, pursuant to the
  provisions of the criminal procedure law, that a person is a  persistent
  felony  offender,  and  when  it  is of the opinion that the history and
  character of the defendant and  the  nature  and  circumstances  of  his
  criminal  conduct  indicate  that  extended  incarceration and life-time
  supervision will best serve the public interest, the court, in  lieu  of
  imposing  the  sentence  of  imprisonment  authorized  by section 70.00,
  70.02, 70.04, 70.06 or subdivision five of section 70.80 for  the  crime
  of which such person presently stands convicted, may impose the sentence
  of  imprisonment  authorized  by that section for a class A-I felony. In
  such event the reasons for the court's opinion shall be set forth in the
  record.
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Last modified: February 16, 2014