The New York Court of Appeals recently ruled in People v. Reece Rudolph that persons under 19 years old who are eligible for Youthful Offender treatment are entitled to be considered for it and must be considered for it by the sentencing court. This right cannot be waived as proof a plea agreement. YO waivers as part of plea bargain agreements was common practice in many counties in upstate New York.

This new law is only applicable to cases still being adjudicated after the date of the decision, or still pending direct Appeal. If you know of someone under 19 convicted of any offense

An eligible youth is one under 19 years of age not charged with murder or an A-II drug offense and a first offender.

If you or anyone you know has a child who has been sentenced to prison and not considered for youthful offender treatment within the past 12 months, you or they may be eligible to ask the sentencing court to consider granting youthful offender treatment. This is a big deal because YO adjudication relieves the young offender from the stigma of a felony conviction.

Good luck

Richard M. Langone