§ 60.02 Authorized disposition; youthful offender.
When a person is to be sentenced upon a youthful offender finding, the
court must impose a sentence as follows:
(1) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction of an offense other than a
felony, the court must impose a sentence authorized for the offense for
which the youthful offender finding was substituted, except that if the
youthful offender finding was entered pursuant to paragraph (b) of
subdivision one of section 720.20 of the criminal procedure law, the
court must not impose a definite or intermittent sentence of
imprisonment with a term of more than six months; or
(2) If the sentence is to be imposed upon a youthful offender finding
which has been substituted for a conviction for any felony, the court
must impose a sentence authorized to be imposed upon a person convicted
of a class E felony provided, however, that the court must not impose a
sentence of conditional discharge or unconditional discharge if the
youthful offender finding was substituted for a conviction of a felony
defined in article two hundred twenty of this chapter.
(3) The provisions of section 60.35 of this article shall apply to a
sentence imposed upon a youthful offender finding and the amount of the
mandatory surcharge and crime victim assistance fee which shall be
levied at sentencing shall be equal to the amount specified in such
section for the offense of conviction for which the youthful offender
finding was substituted; provided, however that the court shall not
impose the sex offender registration fee, DNA databank fee or supple-
mental sex offender victim fee, as defined in subparagraphs (iv) and (v)
of paragraph (a) and paragraph (b) of subdivision one of section 60.35
of this article, for an offense in which the conviction was substituted
with a youthful offender finding.
(Repealed by L.2020 c.144 effective 08/24/20.)
(4) Notwithstanding any other provision of law in this section, if the
sentence is to be imposed upon a youthful offender finding which has
been substituted for a conviction of prostitution or loitering for the
purposes of prostitution provided that the person does not stand charged
with loitering for the purpose of patronizing a prostitute, and such
offense occurred when the person was sixteen or seventeen years of age,
the court must impose a sentence authorized to be imposed upon a person
convicted of a violation as defined in subdivision three of section
10.00 of the penal law and where the court imposes a revocable sentence
authorized for a violation may order any of the specialized services
enumerated in title eight-A of article six of the social services law or
other appropriate services made available to persons in need of
supervision in accordance with article seven of the family court act.
NYSentencing