2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 70 - Sentences of Imprisonment › 70.04 - Sentence of Imprisonment for Second Violent Felony Offender.

§ 70.04 Sentence of imprisonment for second violent felony offender.
1. Definition of second violent felony offender.
(a)  A second violent felony offender is a person who stands convicted
of a violent felony offense as defined in  subdivision  one  of  section
70.02  after  having  previously  been  subjected to a predicate violent
felony conviction as defined in paragraph (b) of this subdivision.
(b) For the purpose of determining whether a  prior  conviction  is  a
predicate violent felony conviction the following criteria shall apply:
(i)  The  conviction  must have been in this state of a class A felony
(other than one defined in article two hundred twenty) or of  a  violent
felony  offense as defined in subdivision one of section 70.02, or of an
offense defined by the penal law in effect  prior  to  September  first,
nineteen  hundred  sixty-seven,  which  includes  all  of  the essential
elements of any such felony, or in any other jurisdiction of an  offense
which  includes  all  of  the  essential elements of any such felony for
which a sentence to a term of imprisonment in excess of one  year  or  a
sentence  of  death  was  authorized  and  is  authorized  in this state
irrespective of whether such sentence was imposed;
(ii) Sentence upon such prior conviction must have been imposed before
commission of the present felony;
(iii) Suspended sentence, suspended execution of sentence, a  sentence
of  probation,  a  sentence of conditional discharge or of unconditional
discharge, and a sentence of certification to the care  and  custody  of
the  division  of  substance  abuse  services,  shall  be deemed to be a
sentence;
(iv) Except  as  provided  in  subparagraph  (v)  of  this  paragraph,
sentence  must  have  been  imposed  not  more  than  ten  years  before
commission of  the  felony  of  which  the  defendant  presently  stands
convicted;
(v)  In  calculating  the ten year period under subparagraph (iv), any
period of time during which the person was incarcerated for  any  reason
between  the  time  of commission of the previous felony and the time of
commission of the present felony shall be excluded  and  such  ten  year
period shall be extended by a period or periods equal to the time served
under such incarceration;
(vi)  An  offense  for  which  the  defendant has been pardoned on the
ground of innocence shall not  be  deemed  a  predicate  violent  felony
conviction.
* 2.  Authorized  sentence.  When the court has found, pursuant to the
provisions of the criminal procedure law, that  a  person  is  a  second
violent  felony offender the court must impose a determinate sentence of
imprisonment which shall  be  in  whole  or  half  years.  Except  where
sentence  is imposed in accordance with the provisions of section 70.10,
the term of such sentence must be in accordance with the  provisions  of
subdivision three of this section.
* NB Effective until September 1, 2025
* 2.  Authorized  sentence.  When the court has found, pursuant to the
provisions of the criminal procedure law, that  a  person  is  a  second
violent  felony offender the court must impose an indeterminate sentence
of imprisonment. Except where sentence is imposed in accordance with the
provisions of section 70.10, the maximum term of such sentence  must  be
in  accordance  with the provisions of subdivision three of this section
and the minimum period of imprisonment under such sentence  must  be  in
accordance with subdivision four of this section.
* NB Effective September 1, 2025
* 3. Term of sentence. The term of a determinate sentence for a second
violent felony offender must be fixed by the court as follows:
(a) For a class B felony, the term must be at least ten years and must
not exceed twenty-five years;
(b)  For  a  class C felony, the term must be at least seven years and
must not exceed fifteen years; and
(c) For a class D felony, the term must be at  least  five  years  and
must not exceed seven years.
(d)  For  a  class E felony, the term must be at least three years and
must not exceed four years.
* NB Effective until September 1, 2025
* 3. Maximum term of sentence. The maximum term  of  an  indeterminate
sentence for a second violent felony offender must be fixed by the court
as follows:
(a)  For  a class B felony, the term must be at least twelve years and
must not exceed twenty-five years;
(b) For a class C felony, the term must be at least  eight  years  and
must not exceed fifteen years; and
(c)  For  a  class  D felony, the term must be at least five years and
must not exceed seven years.
(d) For a class E felony, the term must be at least four years.
* NB Effective September 1, 2025
* 4.  Minimum  period  of  imprisonment.   The   minimum   period   of
imprisonment under an indeterminate sentence for a second violent felony
offender  must  be  fixed  by  the court at one-half of the maximum term
imposed and must be specified in the sentence.
* NB Effective September 1, 2025