§ 720.10 Youthful offender procedure; definition of terms.\n As used in this article, the following terms have the following\nmeanings:\n 1. "Youth" means a person charged with a crime alleged to have been\ncommitted when he was at least sixteen years old and less than nineteen\nyears old or a person charged with being a juvenile offender as defined\nin subdivision forty-two of section 1.20 of this chapter.\n 2. "Eligible youth" means a youth who is eligible to be found a\nyouthful offender. Every youth is so eligible unless:\n (a) the conviction to be replaced by a youthful offender finding is\nfor (i) a class A-I or class A-II felony, or (ii) an armed felony as\ndefined in subdivision forty-one of section 1.20, except as provided in\nsubdivision three, or (iii) rape in the first degree, a crime formerly\ndefined in section 130.50 of the penal law, or the crime of aggravated\nsexual abuse, except as provided in subdivision three, or\n (b) such youth has previously been convicted and sentenced for a\nfelony, or\n (c) such youth has previously been adjudicated a youthful offender\nfollowing conviction of a felony or has been adjudicated on or after\nSeptember first, nineteen hundred seventy-eight a juvenile delinquent\nwho committed a designated felony act as defined in the family court\nact.\n 3. Notwithstanding the provisions of subdivision two, a youth who has\nbeen convicted of an armed felony offense or of rape in the first\ndegree, criminal sexual act in the first degree, or aggravated sexual\nabuse is an eligible youth if the court determines that one or more of\nthe following factors exist: (i) mitigating circumstances that bear\ndirectly upon the manner in which the crime was committed; or (ii) where\nthe defendant was not the sole participant in the crime, the defendant's\nparticipation was relatively minor although not so minor as to\nconstitute a defense to the prosecution. Where the court determines that\nthe eligible youth is a youthful offender, the court shall make a\nstatement on the record of the reasons for its determination, a\ntranscript of which shall be forwarded to the state division of criminal\njustice services, to be kept in accordance with the provisions of\nsubdivision three of section eight hundred thirty-seven-a of the\nexecutive law.\n 4. "Youthful offender finding" means a finding, substituted for the\nconviction of an eligible youth, pursuant to a determination that the\neligible youth is a youthful offender.\n 5. "Youthful offender sentence" means the sentence imposed upon a\nyouthful offender finding.\n 6. "Youthful offender adjudication". A youthful offender adjudication\nis comprised of a youthful offender finding and the youthful offender\nsentence imposed thereon and is completed by imposition and entry of the\nyouthful offender sentence.\n
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