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N.Y. Penal Law § 60.02

Authorized disposition; youthful offender

Applied in 7 court decisions — leading case Pitt v. Feagles (2021)

Most recently applied in People v. Jaquan K. (January 2024)

2020-08-28

How often courts cite this section

2020202440
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 60.02 Authorized disposition; youthful offender.\n When a person is to be sentenced upon a youthful offender finding, the\ncourt must impose a sentence as follows:\n (1) If the sentence is to be imposed upon a youthful offender finding\nwhich has been substituted for a conviction of an offense other than a\nfelony, the court must impose a sentence authorized for the offense for\nwhich the youthful offender finding was substituted, except that if the\nyouthful offender finding was entered pursuant to paragraph (b) of\nsubdivision one of section 720.20 of the criminal procedure law, the\ncourt must not impose a definite or intermittent sentence of\nimprisonment with a term of more than six months; or\n (2) If the sentence is to be imposed upon a youthful offender finding\nwhich has been substituted for a conviction for any felony, the court\nmust impose a sentence authorized to be imposed upon a person convicted\nof a class E felony provided, however, that the court must not impose a\nsentence of conditional discharge or unconditional discharge if the\nyouthful offender finding was substituted for a conviction of a felony\ndefined in article two hundred twenty of this chapter.\n (4) Notwithstanding any other provision of law in this section, if the\nsentence is to be imposed upon a youthful offender finding which has\nbeen substituted for a conviction of prostitution or loitering for the\npurposes of prostitution provided that the person does not stand charged\nwith loitering for the purpose of patronizing a prostitute, and such\noffense occurred when the person was sixteen or seventeen years of age,\nthe court must impose a sentence authorized to be imposed upon a person\nconvicted of a violation as defined in subdivision three of section\n10.00 of the penal law and where the court imposes a revocable sentence\nauthorized for a violation may order any of the specialized services\nenumerated in title eight-A of article six of the social services law or\nother appropriate services made available to persons in need of\nsupervision in accordance with article seven of the family court act.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.