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
XX
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