§ 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,  sodomy  in  the
first  degree,  or  aggravated  sexual  abuse,  except  as  provided  in
subdivision three, or
  (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,  sodomy  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.
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