Legal Question in Criminal Law in New York

Re: Why no youthful offender status.

youthful offender status is not mandatory on a felony. Usually the attorney obtains a promise before a plea is taken. If the case went to trial, YO status is usually denied on a robbery.

Re: Why no youthful offender status.//Reply

First of all, for felony level offenses, getting a "Youthful Offender" [YO] adjudication is a discretionary act of the Sentencing Judge.

Second, the Defense Attorney must make a formal application for YO adjudication. If one knows or suspects that the DA is going to oppose this, then it is incumbent upon the Defense Counsel to convince the Judge to do so. That involves preparing in most cases a Separate Defense Pre-Sentence Memorandum, with documentary evidence as to (a) why the Defendant deserves a YO adjudication, and (b) why it would be "unjust" to give this particular defendant a criminal conviction. It is extremely important that the Defense Counsel "make the record" meaning, put letters from teachers, counselors, psychologists, etc., as exhibits in the Defense Sentencing Memorandum.

The reason that this is so important is because IF the judge denies YO adjudication, you can appeal that decision. But, the Appeals Court is going to be limited to what is in the record. Also, the appeals court evaluates this from a standard, NOT was it right or wrong, but rather their test is, based upon the evidence before the Sentencing Judge, did that Judge "abuse his/her discretion in denying the YO application?"

I hope this helps you. Good luck and please feel free to email me if I can be of further assistance.

Don Rehkopf

Attorney at Law