§ 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.
 (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 or 70.06 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.