New York Criminal Procedure Law Section 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, criminal sexual
  act in the first degree, or 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.

Last modified: February 3, 2019