NY Crim Pro L § 720.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions Article 720 - Youthful Offender Procedure 720.20 - Youthful Offender Determination; When and How Made; Procedure Thereupon.

§  720.20  Youthful offender determination; when and how made; procedure              thereupon.   1. Upon conviction of an  eligible  youth,  the  court  must  order  a pre-sentence  investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence  the court  must  determine  whether  or not the eligible youth is a youthful offender. Such determination shall be in accordance with  the  following criteria:  (a)  If  in  the opinion of the court the interest of justice would be served by relieving the eligible youth  from  the  onus  of  a  criminal record and by not imposing an indeterminate term of imprisonment of more than  four  years,  the  court may, in its discretion, find the eligible youth is a youthful offender; and  (b) Where the conviction is had in a  local  criminal  court  and  the eligible youth had not prior to commencement of trial or entry of a plea of  guilty  been  convicted of a crime or found a youthful offender, the court must find he is a youthful offender.   2. Where an eligible youth is convicted of  two  or  more  crimes  set forth in separate counts of an accusatory instrument or set forth in two or  more  accusatory  instruments  consolidated  for trial purposes, the court must not find him a youthful offender with  respect  to  any  such conviction  pursuant  to subdivision one of this section unless it finds him a youthful offender with respect to all such convictions.   3. Upon determining that an eligible youth is a youthful offender, the court must direct that the conviction be deemed vacated and replaced  by a  youthful  offender finding; and the court must sentence the defendant pursuant to section 60.02 of the penal law.   4. Upon determining that an eligible youth is not a youthful offender, the court must order the accusatory instrument unsealed and continue the action to judgment pursuant to the  ordinary  rules  governing  criminal prosecutions.   5.  (a) 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 five years 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  in conjunction 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.  (b) In considering whether such individual should be determined to  be a  youthful  offender pursuant to paragraph (a) of this subdivision, 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.  (c)  A  copy  of  an application filed under this subdivision shall be served upon the district attorney of the county in which the  individual was  convicted.  The  district  attorney  shall  notify the court within forty-five days if he or she objects to the application for sealing. The court may hold a hearing 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.