CPL 720 Flashcards
720.10 Youthful offender procedure
An eligible youth is a youth who is eligible to be found a youthful offender
Every youth is an eligible youth unless:
- The conviction to be replaced for a youthful offender finding is for:
- Class A-I or A-II felony
- Armed Felony
- Rape 1
- Criminal Sexual Act
- Aggravated Sexual abuse
- The Youth has been previously convicted and sentenced for a __________
- The Youth has been previously adjudicated a YO following conviction of a Felony or has been adjudicated on or after September 1, 1978 a JD who committed a __________
Felony……. Designated Felony Act
720.10 Youthful offender procedure
Notwithstanding the limitations above where the youth has a prior conviction for an Armed Felony, Rape 1, Criminal Sexual Act 1or Aggravated Sexual abuse, if the court sees mitigating circumstances that bear directly on how the crime was committed, or the youth was not the sole participant, and his involvement in the crime was minor, but not minor enough to constitute a defense, the court shall place on the record such reasoning and find defendant to be ______________________
- A transcript of which shall be forwarded to the state division of criminal justice services
XXa Youthful offender.
720.10 Youthful offender procedure
A Youthful Offender Finding means: A finding substituted for the __________ of an eligible youth
conviction
720.10 Youthful offender procedure
A Youthful Offender Sentence means: A sentence imposed upon __________
youthful offender finding
Remember this means “Conviction”
720.10 Youthful offender procedure
Youthful Offender Adjudication: The finding and the sentence combined and is completed by the imposition and entry of the sentence
- This is similar to the terms Conviction, Sentence and Judgment regarding adult
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720.15 — Youthful offender procedure — sealing of accusatory instrument/ jury instructions
When an accusatory instrument filed with the court is for an eligible youth, it shall be filed as a _____________ , though only with respect to the public
sealed instrument
720.15 — Youthful offender procedure — sealing of accusatory instrument/ jury instructions
The arraignment and all subsequent proceedings for an accusatory instrument filed against a youth may be conducted in private upon the _________ consent and in the discretion of the court
defendant’s
720.15 — Youthful offender procedure — sealing of accusatory instrument/ jury instructions
The sealing and private arraignment for an accusatory instrument filed against a youth shall not occur for a pending charge of a _________ , a previous adjudication as a ______ or previous conviction of a _______
Felony….. YO ……. crime
720.15 — Youthful offender procedure — sealing of accusatory instrument/ jury instructions
(NEW LAW UPDATED) (Bard) Youths charged with __________ , regardless of their criminal history, will have their accusatory instrument sealed and all proceedings conducted in private.
prostitution
720.20 — Youthful offender determination — when and how made
Upon conviction of an eligible youth, the court MUST order a_____________ of the defendant
pre sentence investigation (PSI)
720.20 — Youthful offender determination — when and how made
Upon the time of sentence after receipt of the written PSI report, the court MUST determine whether the eligible youth is a Youthful Offender.
To make this determination the court must consider the following two factors:
- If it’s in the interest of Justice to relieve the youth of the onus of a criminal record and by not imposing an indeterminate sentence of more than _________ the court MAY find the eligible youth is a youthful offender
- Where the conviction is in _________________ and there is no prior conviction of a crime or prior youthful offender finding, then the court (MUST/MAY) find he is a youthful offender
FOUR(4) years,.. local criminal court.. MUST
720.20 — Youthful offender determination — when and how made
If there are separate counts in separate accusatory instruments, the court must not find him a youthful offender unless he finds him a youthful offender with respect to ________________
all such convictions
720.20 — Youthful offender determination — when and how made
Upon determining that an eligible youth is a YO, the conviction is deemed ____________ and replaced by a YO finding
VACATED
720.20 — Youthful offender determination — when and how made
Upon a finding that an eligible youth is NOT a YO, the court must order the accusatory instrument ____________ and life goes on as it normally does for the average run of the mill lawbreaker
unsealed
720.20 — Youthful offender determination — when and how made
An individual who was an eligible youth who was not determined to be a youthful offender by the sentencing court may apply to the sentencing court for a new determination after at least _________ have passed since:
- the imposition of the sentence for which such individual was not determined to be a youthful offender, or
- if the individual was sentenced to a period of incarceration, including a period of incarceration imposed with a sentence of probation, the individual’s latest release from incarceration, provided that such individual has not been convicted of any new crime since the imposition of such sentence.
five years
720.20 — Youthful offender determination — when and how made
In considering the application whether such individual should be determined to be a youthful offender upon application for new finding, the court shall consider the following factors:
(i) whether relieving the individual from the onus of a criminal record would facilitate rehabilitation and successful reentry and reintegration into society;
(ii) the manner in which the crime was committed;
(iii) the role of the individual in the crime which resulted in the conviction;
(iv) the individual’s age at the time of the crime;
(v) the length of time since the crime was committed;
(vi) any mitigating circumstances at the time the crime was committed;
(vii) the individual’s criminal record;
(viii) the individual’s attitude toward society and respect for the law; and
(ix) evidence of rehabilitation and demonstration of living a productive life including, but not limited to participation in educational and vocational programs, employment history, alcohol and substance abuse treatment, and family and community involvement.
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720.20 — Youthful offender determination — when and how made
A copy of a new youthful offender determination application shall be served upon the district attorney of the county in which the individual was convicted.
- The district attorney shall notify the court within _________ if he or she objects to the application for sealing.
- The court may __________________ on the application on its own motion or on motion of the district attorney or the individual filing the application.
- If the district attorney does not file a timely objection, the court shall proceed forthwith.
forty-five (45) days………….. hold a hearing
720.25- Youthful offender adjudications: certain exemptions
- Where the court is required to find that a person is a Youthful Offender for ____________ charges in accordance with CPL 170.80 (Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen), prior convictions or adjudications as a YO shall not prevent such person from being adjudicated a YO yet again
- Any required adjudication as a YO in accordance with CPL 170.80 shall not be considered in determining if an eligible youth is a Youthful Offender in any subsequent YO adjudication
prostitution
720.30 — Post judgment motions and appeal
All post judgment motions and appeal for Youthful Offenders follow the same rules as ____________
standard cases
720.35 — Youthful offender adjudication — records
A YO adjudication is not a judgment of conviction of _________ and does not operate as a disqualification of any person to hold public office or public employment or to receive any license granted
a crime
720.35 — Youthful offender adjudication — records
(NEW) A defendant for whom a youthful offender adjudication was substituted, who was originally charged with prostitution, shall be deemed a “____________ “ and shall not be considered an adult for purposes related to the charges in the youthful offender proceeding or a proceeding under PL 170.80 (Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen)
sexually exploited child
720.35 — Youthful offender adjudication — records
All official records and papers with the court or police agencies or even DCJS are to remain confidential and not available to any person, public or private agency other than the designated education official at the school.
- Such school official will only know of the adjudication and not have access to the official records and papers.
- This information is to be kept separate and apart from the students other school records and only available to the designated education official for the execution of an educational plan, school adjustment and reentry into the community.
- It SHALL be destroyed when the student is no longer enrolled in school
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