39975313
Description
Flashcards by Emily Deragon, updated 30 days ago
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Created by Emily Deragon
30 days ago
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| Question | Answer |
| CPL 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 offender | youthful offender finding |
| CPL 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 |
| CPL 720.10 what is the sentence imposed upon a youthful offender finding? | youthful offender sentence |
| CPL 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 sentence | youthful offender adjudication |
| CPL 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 public | sealed instrument |
| CPL 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 |
| CPL 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 |
| CPL 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 finding | MUST |
| CPL 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 offender | 5 years |
| CPL 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 |
| CPL 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 forthwith | 45 days |
| CPL 720.35 is a youthful offender adjudication a judgment of conviction for a crime or any other offense? | NO |
| CPL 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 |
| CPL 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 |
| CPL 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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