§ 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 persist-
ent sexual abuse, as defined in section 130.53 of this chapter; grand
larceny in the fourth degree as defined in subdivision twelve of section
155.30 of this chapter; grand larceny in the third degree as defined in
subdivision three of section 155.35 of this chapter; grand larceny in
the second degree as defined in subdivision three of section 155.40 of
this chapter; or grand larceny in the first degree as defined in subdi-
vision two of section 155.42 of this chapter.
(As amended by L.2024 c.55 Part FF effective 07/19/24.)
(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 crim-
inal conduct indicate that extended incarceration and life-time super-
vision will best serve the public interest, the court, in lieu of impos-
ing 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.
NYSentencing