Flashcards
CPL 720 youthful offender finding
Cards in this deck (15)
- 1CPL 720.10 what is a finding substituted for the conviction of an eligible youth, pursuant to a determination that the eligible youth is a youthful offenderyouthful offender finding
- 2CPL 720.10 a youth is a person 16 years of age and less than 19 (16,17,18) charged with? a person 13 charged with?- 16 < 19 MARK MARS
-13 BRAW - 3CPL 720.10 what is the sentence imposed upon a youthful offender finding?youthful offender sentence
- 4CPL 720.10 what is a youthful offender finding and the youthful offender sentence imposed thereon and is completed by imposition and entry of the youthful offender sentenceyouthful offender adjudication
- 5CPL 720.15 when the accusatory instrument against an apparently eligible youth is filed with a court the court must older that it be filed as a ___, through only with respect to the publicsealed instrument
- 6CPL 720.15 when a youth is initially arraigned upon an accusatory instrument, all proceeding in the action may be conducted in private if what to situations exist?1. if it's in the discretion of the court
2. the defendant consents - 7CPL 720.20 upon conviction of an eligible youth, the court must order a pre-sentence investigation of the defendant, and at time of sentence, must determine if the eligible youth is a youthful offender and thereby relieved from the onus of a criminal record and the court would not be compelled to impose an indeterminate sentence of more the __ year (in the case of a felony)4 years
- 8CPL 720.20 if the conviction is had in LCC and the defendant had not previously been convicted of a crime or found a youthful offender, the court MAY/MUST find he is a youthful offender and must direct that the conviction be deemed vacated and replaced by a youthful offender findingMUST
- 9CPL 720.20 an individual who was an eligible youth and was not determined to be a youthful offender by sentencing court may apply for a new determination after at least __ years since the imposition of the sentence for which individual was not determined to be a youthful offender5 years
- 10CPL 720.20 in considering whether an individual should be determined to be a youthful offender, the court shall consider what 2 things? (amongst others)1. whether relieving the individual from the onus of a criminal record would facilitate rehabilitation and successful reentry and reintegration into society
2. the manner in which the crime was committed - 11CPL 720.20 a copy of this application shall be served upon the DA. The DA can object within __ days. If the DA doesn't object the court shall proceed forthwith45 days
- 12CPL 720.35 is a youthful offender adjudication a judgment of conviction for a crime or any other offense?NO
- 13CPL 720.35 all official records and papers relating to a case involving a youth who has been adjudicated a youthful offender, are confidential and may not be made available to any person or public or private agency other than who?designated educational official of the public or private elementary or secondary school in which the youth is enrolled as a student, or an institution to which such youth has been committed, or the division of parole and probation department of this state
- 14CPL 720.10 an eligible youth is a youth who is eligible to be found a youthful offender. Every youth is eligible unless what 4 conditions exsist?1. if the conviction to be replaced is for a class A-I or class A-II felony OR 2. such youth has previously been convicted and sentenced for a felony 3. the youth has previously been adjudicated a youthful offender following conviction of a felony 4. such youth has previously been adjudicated a youthful offender following conviction of a felony or has been adjudicated a JD who committed a designated felony act
- 15CPL 720.10 can a youth be a youthful offender if they committed an armed felony or crimes of a sexual nature?yes if the court finds mitigating circumstances
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- User has deleted their subject information Flashcards on CPL 720 youthful offender finding , created by Deleted user on 26/10/2024.
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- Deleted user · Oct 2024
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- Oct 26, 2024
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- Created by Emily Deragon · Oct 23, 2024
- Copied by Emily Deragon · Oct 26, 2024
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