2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 70 - Sentences of Imprisonment › 70.08 - Sentence of Imprisonment for Persistent Violent Felony Offender; Criteria.

§ 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)  For  the class A-II felony of predatory sexual assault as defined
in section 130.95 of this chapter or the class A-II felony of  predatory
sexual  assault  against  a  child  as defined in section 130.96 of this
chapter, the minimum period must be twenty-five years;
(a-1) For a class B felony, the minimum period must be at least twenty
years and must not exceed twenty-five years;
(b) For a class C felony, the minimum period must be at least  sixteen
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.
* NB Effective until September 1, 2025
* 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) For the class A-II felony of predatory sexual assault  as  defined
in  section 130.95 of this chapter or the class A-II felony of predatory
sexual assault against a child as defined  in  section  130.96  of  this
chapter, the minimum period must be twenty-five years;
(a-1)  For  a  class B felony, the minimum period must be at least ten
years and must not exceed twenty-five years;
(b) For a class C felony, the minimum period must be  at  least  eight
years and must not exceed twenty-five years;
(c)  For  a  class  D  felony, the minimum period must be at least six
years and must not exceed twenty-five years.
* NB Effective September 1, 2025