Section 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.