2023 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 › 720.10 - Youthful Offender Procedure; Definition of Terms.

§ 720.10 Youthful offender procedure; definition of terms.
As  used  in  this  article,  the  following  terms have the following
meanings:
1. "Youth" means a person charged with a crime alleged  to  have  been
committed  when he was at least sixteen years old and less than nineteen
years old or a person charged with being a juvenile offender as  defined
in subdivision forty-two of section 1.20 of this chapter.
2.  "Eligible  youth"  means  a  youth  who  is eligible to be found a
youthful offender. Every youth is so eligible unless:
* (a) the conviction to be replaced by a youthful offender finding  is
for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
defined in subdivision forty-one of section 1.20, except as provided  in
subdivision  three,  or  (iii) rape in the first degree, criminal sexual
act in the first degree, or aggravated sexual abuse, except as  provided
in subdivision three, or
* NB Effective until September 1, 2024
* (a)  the conviction to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
defined  in subdivision forty-one of section 1.20, except as provided in
subdivision three, or (iii) rape in the first degree, a  crime  formerly
defined  in  section 130.50 of the penal law, or the crime of aggravated
sexual abuse, except as provided in subdivision three, or
* NB Effective September 1, 2024
(b) such youth has previously  been  convicted  and  sentenced  for  a
felony, or
(c)  such  youth  has  previously been adjudicated a youthful offender
following conviction of a felony or has been  adjudicated  on  or  after
September  first,  nineteen  hundred seventy-eight a juvenile delinquent
who committed a designated felony act as defined  in  the  family  court
act.
3.  Notwithstanding the provisions of subdivision two, a youth who has
been convicted of an armed felony  offense  or  of  rape  in  the  first
degree,  criminal  sexual  act in the first degree, or aggravated sexual
abuse is an eligible youth if the court determines that one or  more  of
the  following  factors  exist:  (i)  mitigating circumstances that bear
directly upon the manner in which the crime was committed; or (ii) where
the defendant was not the sole participant in the crime, the defendant's
participation  was  relatively  minor  although  not  so  minor  as   to
constitute a defense to the prosecution. Where the court determines that
the  eligible  youth  is  a  youthful  offender,  the court shall make a
statement on  the  record  of  the  reasons  for  its  determination,  a
transcript of which shall be forwarded to the state division of criminal
justice  services,  to  be  kept  in  accordance  with the provisions of
subdivision  three  of  section  eight  hundred  thirty-seven-a  of  the
executive law.
4.  "Youthful  offender  finding" means a finding, substituted for the
conviction of an eligible youth, pursuant to a  determination  that  the
eligible youth is a youthful offender.
5.  "Youthful  offender  sentence"  means  the sentence imposed upon a
youthful offender finding.
6. "Youthful offender adjudication". A youthful offender  adjudication
is  comprised  of  a youthful offender finding and the youthful offender
sentence imposed thereon and is completed by imposition and entry of the
youthful offender sentence.