Legislation
SECTION 720.15
Youthful offender procedure; sealing of accusatory instrument; privacy of proceedings; preliminary instructions to jury
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE U, ARTICLE 720
§ 720.15 Youthful offender procedure; sealing of accusatory instrument;
privacy of proceedings; preliminary instructions to jury.
1. When an accusatory instrument against an apparently eligible youth
is filed with a court, it shall be filed as a sealed instrument, though
only with respect to the public.
2. When a youth is initially arraigned upon an accusatory instrument,
such arraignment and all proceedings in the action thereafter may, in
the discretion of the court and with the defendant's consent, be
conducted in private.
3. The provisions of subdivisions one and two of this section
requiring or authorizing the accusatory instrument filed against a youth
to be sealed, and the arraignment and all proceedings in the action to
be conducted in private shall not apply in connection with a pending
charge of committing any felony offense as defined in the penal law. The
provisions of subdivision one requiring the accusatory instrument filed
against a youth to be sealed shall not apply where such youth has
previously been adjudicated a youthful offender or convicted of a crime.
4. Notwithstanding any provision in this article, a person charged
with prostitution as defined in section 230.00 of the penal law
regardless of whether such person (i) had prior to commencement of trial
or entry of a plea of guilty been convicted of a crime or found a
youthful offender, or (ii) subsequent to such conviction for
prostitution is convicted of a crime or found a youthful offender, the
provisions of subdivisions one and two of this section requiring or
authorizing the accusatory instrument filed against a youth to be
sealed, and the arraignment and all proceedings in the action to be
conducted in private shall apply.
privacy of proceedings; preliminary instructions to jury.
1. When an accusatory instrument against an apparently eligible youth
is filed with a court, it shall be filed as a sealed instrument, though
only with respect to the public.
2. When a youth is initially arraigned upon an accusatory instrument,
such arraignment and all proceedings in the action thereafter may, in
the discretion of the court and with the defendant's consent, be
conducted in private.
3. The provisions of subdivisions one and two of this section
requiring or authorizing the accusatory instrument filed against a youth
to be sealed, and the arraignment and all proceedings in the action to
be conducted in private shall not apply in connection with a pending
charge of committing any felony offense as defined in the penal law. The
provisions of subdivision one requiring the accusatory instrument filed
against a youth to be sealed shall not apply where such youth has
previously been adjudicated a youthful offender or convicted of a crime.
4. Notwithstanding any provision in this article, a person charged
with prostitution as defined in section 230.00 of the penal law
regardless of whether such person (i) had prior to commencement of trial
or entry of a plea of guilty been convicted of a crime or found a
youthful offender, or (ii) subsequent to such conviction for
prostitution is convicted of a crime or found a youthful offender, the
provisions of subdivisions one and two of this section requiring or
authorizing the accusatory instrument filed against a youth to be
sealed, and the arraignment and all proceedings in the action to be
conducted in private shall apply.