2020 New York Laws
CPL - Criminal Procedure
Part 3 - Special Proceedings and Miscellaneous Procedures
Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions
Article 720 - Youthful Offender Procedure
720.20 - Youthful Offender Determination; When and How Made; Procedure Thereupon.
§ 720.20 Youthful offender determination; when and how made; procedure
thereupon.
1. Upon conviction of an eligible youth, the court must order a
pre-sentence investigation of the defendant. After receipt of a written
report of the investigation and at the time of pronouncing sentence the
court must determine whether or not the eligible youth is a youthful
offender. Such determination shall be in accordance with the following
criteria: (a) If in the opinion of the court the interest of justice would be
served by relieving the eligible youth from the onus of a criminal
record and by not imposing an indeterminate term of imprisonment of more
than four years, the court may, in its discretion, find the eligible
youth is a youthful offender; and
(b) Where the conviction is had in a local criminal court and the
eligible youth had not prior to commencement of trial or entry of a plea
of guilty been convicted of a crime or found a youthful offender, the
court must find he is a youthful offender.
2. Where an eligible youth is convicted of two or more crimes set
forth in separate counts of an accusatory instrument or set forth in two
or more accusatory instruments consolidated for trial purposes, the
court must not find him a youthful offender with respect to any such
conviction pursuant to subdivision one of this section unless it finds
him a youthful offender with respect to all such convictions.
3. Upon determining that an eligible youth is a youthful offender,
the court must direct that the conviction be deemed vacated and replaced
by a youthful offender finding; and the court must sentence the
defendant pursuant to section 60.02 of the penal law.
4. Upon determining that an eligible youth is not a youthful
offender, the court must order the accusatory instrument unsealed and
continue the action to judgment pursuant to the ordinary rules governing
criminal prosecutions.
