N.Y. Criminal Procedure Law § 720.10: Youthful offender procedure; definition of terms

§ 720.10 Youthful offender procedure; definition of terms.

As used in this article, the following terms have the following

meanings:

1. "Youth" means a person charged with a crime alleged to have been

committed when he was at least sixteen years old and less than nineteen

years old or a person charged with being a juvenile offender as defined

in subdivision forty-two of section 1.20 of this chapter.

2. "Eligible youth" means a youth who is eligible to be found a

youthful offender. Every youth is so eligible unless:

(a) the conviction to be replaced by a youthful offender finding is

for (i) a class A-I or class A-II felony, or (ii) an armed felony as

defined in subdivision forty-one of section 1.20, except as provided in

subdivision three, or (iii) rape in the first degree, a crime formerly

defined in section 130.50 of the penal law, or the crime of aggravated

sexual abuse, except as provided in subdivision three, or

(b) such youth has previously been convicted and sentenced for a

felony, or

(c) such youth has previously been adjudicated a youthful offender

following conviction of a felony or has been adjudicated on or after

September first, nineteen hundred seventy-eight a juvenile delinquent

who committed a designated felony act as defined in the family court

act.

3. Notwithstanding the provisions of subdivision two, a youth who has

been convicted of an armed felony offense or of rape in the first

degree, criminal sexual act in the first degree, or aggravated sexual

abuse is an eligible youth if the court determines that one or more of

the following factors exist: (i) mitigating circumstances that bear

directly upon the manner in which the crime was committed; or (ii) where

the defendant was not the sole participant in the crime, the defendant's

participation was relatively minor although not so minor as to

constitute a defense to the prosecution. Where the court determines that

the eligible youth is a youthful offender, the court shall make a

statement on the record of the reasons for its determination, a

transcript of which shall be forwarded to the state division of criminal

justice services, to be kept in accordance with the provisions of

subdivision three of section eight hundred thirty-seven-a of the

executive law.

4. "Youthful offender finding" means a finding, substituted for the

conviction of an eligible youth, pursuant to a determination that the

eligible youth is a youthful offender.

5. "Youthful offender sentence" means the sentence imposed upon a

youthful offender finding.

6. "Youthful offender adjudication". A youthful offender adjudication

is comprised of a youthful offender finding and the youthful offender

sentence imposed thereon and is completed by imposition and entry of the

youthful offender sentence.