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 › 720.20 - 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.