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 accusatory instrument, such arraignment and all proceedings in the action thereafter may, in the discretion of the court and with the defendant's consent, be conducted in private.
3. The provisions of subdivisions one and two of this section requiring or authorizing the accusatory instrument filed against a youth to be sealed, and the arraignment and all proceedings in the action to be conducted in private shall not apply in connection with a pending charge of committing any felony offense as defined in the penal law. The provisions of subdivision one requiring the accusatory instrument filed against a youth to be sealed shall not apply where such youth has previously been adjudicated a youthful offender or convicted of a crime.
4. Notwithstanding any provision in this article, a person charged with prostitution as defined in section 230.00 of the penal law regardless of whether such person (i) had prior to commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, or (ii) subsequent to such conviction for prostitution is convicted of a crime or found a youthful offender, the provisions of subdivisions one and two of this section requiring or authorizing the accusatory instrument filed against a youth to be sealed, and the arraignment and all proceedings in the action to be conducted in private shall apply.
1. When an accusatory instrument against an apparently eligible youth is filed, it's filed sealed — but only as to the public. ★
2. At arraignment and afterward, proceedings may be conducted in private — court's discretion, with the defendant's consent. ★
3. Exceptions: sealing/privacy do NOT apply to a pending felony charge. And the sealing rule doesn't apply if the youth was previously adjudicated a YO or convicted of a crime.
4. Prostitution (PL 230.00) override: for a person charged with prostitution, the sealing and privacy rules do apply regardless of prior/later convictions or YO findings.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.