§ 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.