People v. Bowers

OPINION OF THE COURT

S. Peter Feldstein, J.

Defendant moves to restrict from application to the present *423case the provisions of Penal Law § 70.10 and CPL 400.20. It is defendant’s position that New York State’s persistent felony offender statute is unavailable — or ought to be — in the context of the sentencing of a defendant upon his present conviction of felony driving while intoxicated (DWI). Defendant further argues that use of the persistent felony offender statute is particularly inappropriate where, as here, the previous felony convictions relied upon as predicates (as well as the…