730.10 – Fitness to Proceed; Definitions.
§ 730.10 Fitness to proceed; definitions. As used in this article, the following terms have the following meanings: 1. “Incapacitated person” means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense. 2. “Order of examination” means an order […]
730.20 – Fitness to Proceed; Generally.
§ 730.20 Fitness to proceed; generally. 1. The appropriate director to whom a criminal court issues an order of examination must be determined in accordance with rules jointly adopted by the judicial conference and the commissioner. Upon receipt of an examination order, the director must designate two qualified psychiatric examiners, of whom he may be […]
730.30 – Fitness to Proceed; Order of Examination.
§ 730.30 Fitness to proceed; order of examination. 1. At any time after a defendant is arraigned upon an accusatory instrument other than a felony complaint and before the imposition of sentence, or at any time after a defendant is arraigned upon a felony complaint and before he is held for the action of the […]
722.23 – Removal of Adolescent Offenders to Family Court.
§ 722.23 Removal of adolescent offenders to family court. 1. (a) Following the arraignment of a defendant charged with a crime committed when he or she was sixteen, or commencing October first, two thousand nineteen, seventeen years of age, other than any class A felony except for those defined in article two hundred twenty of […]
720.15 – Youthful Offender Procedure; Sealing of Accusatory Instrument; Privacy of Proceedings; Preliminary Instructions to Jury.
§ 720.15 Youthful offender procedure; sealing of accusatory instrument; privacy of proceedings; preliminary instructions to jury. 1. When an accusatory instrument against an apparently eligible youth is filed with a court, it shall be filed as a sealed instrument, though only with respect to the public. 2. When a youth is initially arraigned upon an […]
720.20 – Youthful Offender Determination; When and How Made; Procedure Thereupon.
§ 720.20 Youthful offender determination; when and how made; procedure thereupon. 1. Upon conviction of an eligible youth, the court must order a pre-sentence investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is […]
720.25 – Youthful Offender Adjudication; Certain Exemptions.
§ 720.25 Youthful offender adjudication; certain exemptions. Notwithstanding any inconsistent provisions of law: 1. where the court is required to find that a person is a youthful offender pursuant to section 170.80 of this chapter, the fact that such person has previously been convicted of a crime or adjudicated a youthful offender shall not prevent […]
720.30 – Youthful Offender Adjudication; Post-Judgment Motions and Appeal.
§ 720.30 Youthful offender adjudication; post-judgment motions and appeal. The provisions of this chapter, governing the making and determination of post-judgment motions and the taking and determination of appeals in criminal cases, apply to post-judgment motions and appeals with respect to youthful offender adjudications wherever such provisions can reasonably be so applied.
720.35 – Youthful Offender Adjudication; Effect Thereof; Records.
§ 720.35 Youthful offender adjudication; effect thereof; records. 1. A youthful offender adjudication is not a judgment of conviction for a crime or any other offense, and does not operate as a disqualification of any person so adjudged to hold public office or public employment or to receive any license granted by public authority but […]
722.00 – Probation Case Plans.
§ 722.00 Probation case plans. 1. All juvenile offenders and adolescent offenders shall be notified of the availability of services through the local probation department. Such services shall include the ability of the probation department to conduct a risk and needs assessment, utilizing a validated risk assessment tool, in order to help determine suitable and […]