Article 720 Youthful Offender Procedures

Question 1

CPL 720.10-1
Select the correct answer.
Six young people are arrested and charged with a crime, committed at ages fourteen, fifteen, sixteen, seventeen, eighteen and nineteen, respectively. How many by age might be considered under the CPL definition of “youth?”
(a) six
(b) three
(c) four
(d) five.

Answer 1

Answer: (d)
Choice (d) is correct (CPL 720.10-1). It is a frequent error to identify “youths” only as persons at least sixteen but less than nineteen. This fails to include the juvenile offenders defined in CPL 1.20-42 who are fourteen or fifteen years of age, who are also “eligible youths” [CPL 720.10-2(a)].

Question 2

CPL 720.15-2
Select the correct answer.
Generally, when a youth is initially arraigned upon an accusatory instrument, the arraignment and all proceedings thereafter:
(a) must be conducted in private
(b) may, in the court’s discretion, be conducted in private, with or without defendant’s consent
(c) may, in the court’s discretion, be conducted in private, with defendant’s consent
(d) may, in the court’s discretion, be conducted in private, only if the youth is under age sixteen.

Answer 2

Answer: (c)
Choice (c) is correct (CPL 720.15-2).

Question 3

CPL 720.20-1
Select the correct answer.
The determination of whether an eligible youth is a youthful offender is made:
(a) at sentencing
(b) at preliminary hearing
(c) at conviction
(d) at arraignment.

Answer 3

Answer: (a)
Choice (a) is correct (CPL 720.20-1).

Question 4

CPL 720.20-l(b)
Select the correct answer.
The court must find that an eligible youth is a youthful offender:
(a) in all misdemeanor cases
(b) in all cases where there has been no more than one previous youthful offender adjudication
(c) where the conviction occurs in a lower criminal court and defendant has not been previously convicted of a crime, nor found a youthful offender
(d) in all cases where the youth is between ages thirteen and sixteen.

Answer 4

Answer: (c)
Choice (c) is correct [CPL 720.20-l(b)].
The section mandates a youthful offender finding only where the conviction is in a local criminal court and the eligible youth had not, prior to commencement of trial or entry of a guilty plea been convicted of a crime or found a youthful offender.

Question 5

CPL 720.35
CPL provides for the confidentiality of official records and papers pertaining to a youthful offender adjudication. Select all correct statements concerning this:
(a) All official records and papers are confidential as to the public, but may be examined and copied by any agency of government
(b) Official court records and papers are confidential, but records of any police agency or the division of criminal justice services are not
(c) A probation department of this state that requires access to official records and papers to carry out its authorized duties may obtain this without specific court order
(d) Information as to an order of protection, temporary order of protection, or warrant, issued in connection with a family offense, may be maintained on a statewide registry of such orders and warrants, and made available for purposes of adjudicating or enforcing such order of protection.

Answer 5

Answer: (c) and (d)
Choices (c) and (d) are correct (CPL 720.35 sub. 2).
Additionally, designated educational officials at certain public or private schools have limited availability and also for purposes of executing the student educational plan, successful school adjustment and reentry. Such notification must not be made part of the student’s permanent school record. See statute for other limitations.

Choice (a) is incorrect. The statute makes specific exceptions.
Choice (b) is incorrect. Confidentiality applies to court records, a police agency, and the division of criminal justice services.