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N.Y. CPL Law § 400.16

This is the official text of N.Y. CPL Law § 400.16, part of New York’s CPL Law — part of the compiled statutory law of New York, published by the state as "CPL Law." Browse the sections below, each linked to its official government source.

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Procedure for determining whether defendant is a persistent violent felony offender

Official statutory text

§ 400.16 Procedure for determining whether defendant is a persistent\n violent felony offender.\n 1. Applicability. The provisions of this section govern the procedure\nthat must be followed in any case where it appears that a defendant who\nstands convicted of a violent felony offense as defined in subdivision\none of section 70.02 of the penal law has previously been subjected to\ntwo or more predicate violent felony convictions as defined in paragraph\n(b) of subdivision one of section 70.04, and may be a persistent violent\nfelony offender as defined in section 70.08 of the penal law.\n 2. Statement; preliminary examination; hearing; subsequent use of\npredicate violent felony conviction finding. The requirements set forth\nin subdivisions two, three, four, five, six, seven and eight of section\n400.15 with respect to the statement to be filed, preliminary\nexamination, hearing and subsequent use of a predicate violent felony\nconviction finding in the case of a second violent felony offender,\nshall also apply to a determination of whether a defendant has been\nsubjected to two or more violent predicate felony convictions and is a\npersistent violent felony offender.\n

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.