Procedure for determining whether defendant is a persistent violent felony offender

§ 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