N.Y. PEN Law § 70.10

§ 70.10 Sentence of imprisonment for persistent felony offender.\n 1. Definition of persistent felony offender.\n (a) A persistent felony offender is a person, other than a persistent\nviolent felony offender as defined in section 70.08, who stands\nconvicted of a felony after having previously been convicted of two or\nmore felonies, as provided in paragraphs (b) and (c) of this\nsubdivision.\n (b) A previous felony conviction within the meaning of paragraph (a)\nof this subdivision is a conviction of a felony in this state, or of a\ncrime in any other jurisdiction, provided:\n (i) that a sentence to a term of imprisonment in excess of one year,\nor a sentence to death, was imposed therefor; and\n (ii) that the defendant was imprisoned under sentence for such\nconviction prior to the commission of the present felony; and\n (iii) that the defendant was not pardoned on the ground of innocence;\nand\n (iv) that such conviction was for a felony offense other than\npersistent sexual abuse, as defined in section 130.53 of this chapter;\ngrand larceny in the fourth degree as defined in subdivision twelve of\nsection 155.30 of this chapter; grand larceny in the third degree as\ndefined in subdivision three of section 155.35 of this chapter; grand\nlarceny in the second degree as defined in subdivision three of section\n155.40 of this chapter; or grand larceny in the first degree as defined\nin subdivision two of section 155.42 of this chapter.\n (c) For the purpose of determining whether a person has two or more\nprevious felony convictions, two or more convictions of crimes that were\ncommitted prior to the time the defendant was imprisoned under sentence\nfor any of such convictions shall be deemed to be only one conviction.\n 2. Authorized sentence. When the court has found, pursuant to the\nprovisions of the criminal procedure law, that a person is a persistent\nfelony offender, and when it is of the opinion that the history and\ncharacter of the defendant and the nature and circumstances of his\ncriminal conduct indicate that extended incarceration and life-time\nsupervision will best serve the public interest, the court, in lieu of\nimposing the sentence of imprisonment authorized by section 70.00,\n70.02, 70.04, 70.06 or subdivision five of section 70.80 for the crime\nof which such person presently stands convicted, may impose the sentence\nof imprisonment authorized by that section for a class A-I felony. In\nsuch event the reasons for the court's opinion shall be set forth in the\nrecord.\n