Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge.

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A5768-2011 Actions

• Mar 20, 2012: held for consideration in codes
• Jan 4, 2012: referred to codes
• Feb 28, 2011: referred to codes

A5768-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5768

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 28, 2011
                                 ___________

  Introduced  by M. of A. TOBACCO -- read once and referred to the Commit-
    tee on Codes

  AN ACT to amend the criminal procedure  law,  in  relation  to  youthful
    offender procedure

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  Section 720.35 of the criminal procedure law is amended by
  adding a new subdivision 5 to read as follows:

    5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
  WHENEVER  A PERSON IS ADJUDICATED A YOUTHFUL OFFENDER AND THE CONVICTION
  THAT WAS VACATED AND REPLACED  BY  THE  YOUTHFUL  OFFENDER  FINDING  WAS
  EITHER  MAKING  GRAFFITI IN VIOLATION OF SECTION 145.60 OF THE PENAL LAW
  OR POSSESSION OF GRAFFITI INSTRUMENTS IN VIOLATION OF SECTION 145.65  OF
  THE  PENAL LAW, THEN THE NAME OF THE YOUTHFUL OFFENDER AND THE CRIME FOR
  WHICH THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED SHALL NOT BE  CONFI-
  DENTIAL  AND  MAY  BE  MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE
  AGENCY.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03077-01-1