N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Sentence / ARTICLE Pre-sentence Proceedings
New York Consolidated Laws

N.Y. Criminal Procedure Law § 400.16 (2026)

Procedure for determining whether defendant is a persistent violent felony offender

✓ current as of May 2026
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§ 400.16 Procedure for determining whether defendant is a persistent
             violent felony offender.
  1. Applicability. The provisions of this section govern the procedure
that must be followed in any case where it appears that a defendant who
stands convicted of a violent felony offense as defined in subdivision
one of section 70.02 of the penal law has previously been subjected to
two or more predicate violent felony convictions as defined in paragraph
(b) of subdivision one of section 70.04, and may be a persistent violent
felony offender as defined in section 70.08 of the penal law.
  2. Statement; preliminary examination; hearing; subsequent use of
predicate violent felony conviction finding. The requirements set forth
in subdivisions two, three, four, five, six, seven and eight of section
400.15 with respect to the statement to be filed, preliminary
examination, hearing and subsequent use of a predicate violent felony
conviction finding in the case of a second violent felony offender,
shall also apply to a determination of whether a defendant has been
subjected to two or more violent predicate felony convictions and is a
persistent violent felony offender.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1979–2021 · leading case: People v. Konstantinides, 923 N.E.2d 567 (NY 2009).
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People v. Konstantinides, 923 N.E.2d 567 (NY 2009). · cites it 4× “Prior to sentencing, the People filed a persistent violent felony offender statement pursuant to Criminal Procedure Law § 400.16. The statement listed two prior violent felony convictions that, with tolling, fell within 10 years of defendant's commission of the crimes he was…”
People v. Diggins, 900 N.E.2d 959 (NY 2008). “Criminal Procedure Law § 400.16 (2) states that the procedure for determining whether a person is a persistent violent felony offender is governed by CPL 400.”
Cruz v. Filion, 456 F. Supp. 2d 474 (S.D.N.Y. 2006). · cites it 3× “V, VI, and XIV; N.Y. Const., Art. I, § 6] Point II: Petitioner’s sentence of sixteen years to life imprisonment as a persistent violent felony offender pursuant to Penal Law § 70.”
People v. Jenkins, 100 Misc. 2d 935 (N.Y. Sup. Ct. 1979). “"I respectfully call your attention to Criminal Procedure Law Section 400.16(1), which refers to paragraph (b) of subdivision two * of section 70.”
People v. Ayala, 107 Misc. 2d 874 (N.Y. Sup. Ct. 1981). ““I respectfully call your attention to Criminal Procedure Law Section 400.16 (1), which refers to paragraph (b) of subdivision two of section 70.”
Walker v. Royce (E.D.N.Y 2021). “) Due to his two prior convictions, Petitioner was eligible for sentencing as a persistent violent offender pursuant to New York Criminal Procedure Law § 400.16 and New York Penal Law §§ 70.”
People v. Anderson, 28 Misc. 3d 289 (N.Y. Sup. Ct. 2010). “08, and Criminal Procedure Law §§ 400.16 and 400.”
— N.Y. Criminal Procedure Law § 400.16(1) — 1 case
People v. Jenkins, 100 Misc. 2d 935 (N.Y. Sup. Ct. 1979). “"I respectfully call your attention to Criminal Procedure Law Section 400.16(1), which refers to paragraph (b) of subdivision two * of section 70.”
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