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New York Penal Law Section 60.02 - Authorized Disposition; Youthful Offender.

Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 60.02 - Authorized Disposition; Youthful Offender.

 
    § 60.02 Authorized disposition; youthful offender.
    When a person is to be sentenced upon a youthful offender finding, the
  court must impose a sentence as follows:
    (1)  If the sentence is to be imposed upon a youthful offender finding
  which has been substituted for a conviction of an offense other  than  a
  felony,  the court must impose a sentence authorized for the offense for
  which the youthful offender finding was substituted, except that if  the
  youthful  offender  finding  was  entered  pursuant  to paragraph (b) of
  subdivision one of section 720.20 of the  criminal  procedure  law,  the
  court   must   not   impose  a  definite  or  intermittent  sentence  of
  imprisonment with a term of more than six months; or
    (2) If the sentence is to be imposed upon a youthful offender  finding
  which  has  been  substituted for a conviction for any felony, the court
  must impose a sentence authorized to be imposed upon a person  convicted
  of  a class E felony provided, however, that the court must not impose a
  sentence of conditional discharge  or  unconditional  discharge  if  the
  youthful  offender  finding was substituted for a conviction of a felony
  defined in article two hundred twenty of this chapter.
    (3) The provisions of section 60.35 of this article shall apply  to  a
  sentence  imposed upon a youthful offender finding and the amount of the
  mandatory surcharge and crime  victim  assistance  fee  which  shall  be
  levied  at  sentencing  shall  be  equal to the amount specified in such
  section for the offense of conviction for which  the  youthful  offender
  finding was substituted.

Last modified: July 30, 2006