§ 70.08 Sentence of imprisonment for persistent violent felony offender; criteria
PL § 70.08 · effective 2027-09-01
§ 70.08 Sentence of imprisonment for persistent violent felony offender;
criteria.
1.Definition of persistent violent felony offender.
(a)A persistent violent felony offender is a person who stands convicted of a violent felony offense as defined in subdivision one of section 70.02 or the offense of predatory sexual assault as defined in section 130.95 of this chapter or the offense of predatory sexual assault against a child as defined in section 130.96 of this chapter, after having previously been subjected to two or more predicate violent felony convictions as defined in paragraph (b) of subdivision one of section 70.04 of this article.
(b)For the purpose of determining whether a person has two or more predicate violent felony convictions, the criteria set forth in paragraph (b) of subdivision one of section 70.04 shall apply.
2.Authorized sentence. When the court has found, pursuant to the provisions of the criminal procedure law, that a person is a persistent violent felony offender the court must impose an indeterminate sentence of imprisonment, the maximum term of which shall be life imprisonment. The minimum period of imprisonment under such sentence must be in accordance with subdivision three of this section.
3.Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate life sentence for a persistent violent felony offender must be fixed by the court as follows:
(a-1)For a class B felony, the minimum period must be at least twenty years and must not exceed twenty-five years;
(c)For a class D felony, the minimum period must be at least twelve years and must not exceed twenty-five years.
