Does a court comply with CPL 400.20 in determining if defendant is a persistent felony offender by his mere admission to two prior felony convictions?

The answer is no, for several reasons. First, unlike a mandatory persistent violent offender, CPL 400.16, PL 70.08, other factors must be considered before a discretionary persistent sentence may be imposed. For one, a court must set forth on the record the reasons why it finds that 'the history and character ... and the nature and circumstances ... are such that extended incarceration ... are warranted ...', People v. Johnson, 275 AD2d 949, 713 NYS2d 410, [section] 400.20(1).

Second, asking defendant whether he is waiving his right to a hearing to challenge the prior convictions, [section] 400.20(6), does not constitute his waiving his right to hearing, [section] …