CPL 720 Flashcards
What is a “Youthful Offender Sentence”?
A “Youthful Offender Sentence” is the sentence imposed upon a youthful offender finding.
What is a “Youthful Offender Adjudication”?
A “Youthful Offender Adjudication” is a combination of a Youthful Offender finding and the youthful offender sentence imposed, completed by the imposition and entry of the youthful offender sentence
When is a Youthful Offender Adjudication considered complete?
A Youthful Offender Adjudication is considered complete upon the imposition and entry of the youthful offender sentence.
Who qualifies as a “Youth” under CPL 720.10?
A person charged with a crime alleged to have been committed when he was at least 16 years of age and less than 19 years old (16, 17, or 18) or a person charged with being a juvenile offender (13 years old who is criminally responsible for Murder 2, sexually motivated felony, 14 or 15 criminally responsible for various severe crimes including Murder 2, Kidnapping 1, Arson 1, etc.).
Who is considered an “Eligible Youth” under CPL 720.10?
A youth who is eligible to be found a youthful offender unless the conviction to be replaced is for a class ‘A-I’ or class ‘A-II’ felony, the youth has previously been convicted and sentenced for a felony, the youth has previously been adjudicated a youthful offender following conviction of a felony, or has been adjudicated a juvenile delinquent who committed a designated felony defined in the family court act after September 1, 1978.
At what age can a person be charged as a juvenile offender for Murder in the 2nd degree or a sexually motivated felony?
A person can be charged as a juvenile offender at the age of 13 for Murder 2 or a sexually motivated felony.
What crimes may a 14 or 15-year-old be criminally responsible for under CPL 720.10?
A 14 or 15-year-old may be criminally responsible for Murder 2, Kidnapping 1, Arson 1, Assault 1, Manslaughter 1, Rape 1, Criminal Sexual Act 1, Aggravated Sexual Abuse 1, Burglary 1 and 2, Arson 1, Robbery 1 and 2, Weapons in School Grounds, Attempted Murder 2, Attempted Kidnapping 1, and sexually motivated felonies.
What is a “Youthful Offender Finding” under CPL 720.10?
A “Youthful Offender Finding” is a finding substituted for the conviction of an Eligible Youth, pursuant to a determination that the Eligible Youth is a Youthful Offender.
When an accusatory instrument is filed against an apparently Eligible Youth, how must the court file it?
The court must order that it be filed as a sealed instrument, though only with respect to the public.
Under what circumstances may all proceedings in an action against a youth be conducted in private?
All proceedings may be conducted in private at the discretion of the court and with the defendant’s consent when the youth is initially arraigned upon an accusatory instrument.
Does the sealing or privacy of an accusatory instrument apply when the youth has a pending charge of committing a felony?
No, neither the sealing nor the privacy applies with a pending charge of committing a felony.
When does the provision requiring the accusatory instrument to be sealed not apply?
The provisions shall not apply if the defendant has previously been adjudicated a youthful offender or convicted of a crime.
Do the provisions of CPL 720.15 apply to a person charged with prostitution under section 230.00 of the penal law?
Yes, the provisions apply regardless of whether the person had been convicted of a crime or found a youthful offender prior to the trial or subsequent to such conviction for prostitution.
Does the privacy and sealing apply to arraignments and proceedings for individuals charged with prostitution under CPL 720.15?
Yes, the provisions of sealing and conducting the proceedings in private shall apply to individuals charged with prostitution as defined in section 230.00 of the penal law.
What must the court do upon the conviction of an eligible youth, and what must it determine at the time of sentencing?
Upon conviction of an eligible youth, the court must order a pre-sentence investigation of the defendant, and at time of sentence, must determine if the eligible youth is a youthful offender and thereby relieved from the onus of a criminal record and the court would not be compelled to impose an indeterminate sentence of more than 4 years (in the case of a felony).
