People v. Calderon, 54 N.Y.2d 903 (1981)
A defendant’s eligibility for youthful offender status is determined at the time of conviction, and a prior adjudication as a youthful offender only disqualifies a defendant if it occurred before the current conviction.
Summary
The New York Court of Appeals addressed the proper interpretation of the state’s youthful offender statute. The defendant, Calderon, pleaded guilty to two crimes and sought youthful offender status for both. The court held that Calderon was eligible for youthful offender treatment for both convictions. The court reasoned that eligibility is determined at the time of conviction. Because Calderon had not been previously adjudicated a youthful offender at the time of his conviction, the statutory restriction did not apply, and the sentencing court could grant youthful offender status for either or both convictions.
Facts
The defendant pleaded guilty to a weapons charge and burglary on February 11, 1980. At the time of the plea, the defendant had not been previously adjudicated a youthful offender. The sentencing occurred on June 12, 1980. The trial court considered whether to grant the defendant youthful offender status for either or both convictions.
Procedural History
The lower court considered the defendant’s eligibility for youthful offender status. The Appellate Division’s order was affirmed by the Court of Appeals.
Issue(s)
Whether a defendant who has not previously been adjudicated a youthful offender at the time of conviction of a crime is eligible for youthful offender treatment for that crime, even if the sentencing for that crime occurs after a youthful offender adjudication for a different crime?
Holding
Yes, because the determination of eligibility for youthful offender status is made at the time of conviction, and the statutory restriction only applies if the defendant had been previously adjudicated a youthful offender at that time.
Court’s Reasoning
The Court of Appeals focused on the language of CPL 720.20 (subd 1) and CPL 720.10 (subd 2, par [c]). The court interpreted the statute as establishing a two-step process. First, the court must determine if the defendant is an “eligible youth” at the time of conviction. If so, a presentence investigation must be ordered. Second, at sentencing, the court determines whether the eligible youth should be granted youthful offender status. The court emphasized that CPL 720.10 (subd 2, par [c]) defines an eligible youth as someone who has not “previously been adjudicated a youthful offender following conviction of a felony.” The court reasoned that this restriction applies only to the initial determination of eligibility at the time of conviction. Since Calderon had not been previously adjudicated a youthful offender at the time of his conviction on February 11, 1980, the restriction did not apply. The court stated, “Thus, his status as an eligible youth was determined at that time, and of course, he had not then previously been adjudicated a youthful offender. Accordingly, the restriction in CPL 720.10 (subd 2, par [c]) did not apply.” Therefore, the sentencing court retained the discretion to grant him youthful offender status for either or both convictions. The court reasoned that Paragraph (c) was not relevant at the time of sentencing, as it “imposed a restriction only on the eligible youth determination and not the youthful offender determination.”