Legal Question in Criminal Law in New York

Re: mistake in yo status by courts

I practice in Florida so I don't know Youthful Offender in NY. In Florida a youthful offender sentence would be on the person's record as a "yo sentence" and I presume the same is true in NY. Youthful offender is different than a junvenile sanction. I think the defendant att his point gets the benefit of the mistake if he completed everything. They cant undo it and make it an adult conviction. I would bring a lawyer to the hearing and see what they are proposing.

Re: mistake in yo status by courts

This is an interesting problem and how the Court determined that the defendant was a 'youthful offender' is important.

The interesting part is that the indictment may be dismissed at this time. That means that the defendant will have the legal right to answer 'no' when asked if he has been arrested or charged with a crime (this is a favorable disposition).

Assuming no fraud on the part of the defendant, the court may have lost jurisdiction of the case because of the passage of time. By sending the case elsewhere, the court relinquished jurisdiction and cannot now reacquire it because of the passage of time.

Another argument is that the delay in trial is entirely attributable to the prosecution and the defendant's right to a speedy trial has been lost; requiring dismissal.

The issue that must be explored is eradicating any criminal record by petitioning the YO court to dismiss on the basis that they never had jurisdiction.

This case is full of obscure legal issues and concepts. But all of them assist the defendant.

You are welcome to a consultation for no fee.