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Youthful Offender Privilege Explained/Privilege Not Waived By Denial of the Act Which Was the Subject of the Youthful Offender Adjudication in Subsequent Civil Suit

The Second Department determined the defendant’s son did not waive the privilege associated with his youthful offender status. Although defendant’s son had pled guilty to an assault based upon his throwing an egg, he denied throwing the egg in his deposition during the related civil proceedings.  That denial did not waive the privilege and the plaintiff could not gain access to the records of the criminal proceedings:

The youthful offender statute (CPL article 720) provides special measures for persons found to be youthful offenders, which ” emanate from a legislative desire not to stigmatize youths between the ages of 16 and 19 with criminal records triggered by hasty or thoughtless acts which, although crimes, may not have been the serious deeds of hardened criminals'” … . Thus, “[a] youthful offender adjudication is not a judgment of conviction for a crime or any other offense” (CPL 720.35[1]). Further, pursuant to CPL 720.35(2), all official records and papers concerning the adjudication are sealed. * * *

The privilege created by this statute attaches not only to the physical documents constituting the official record, but also to the information contained within those documents … . Thus, a person adjudicated a youthful offender may refuse to answer questions regarding the charges and police investigation, whether he or she pleaded guilty, and whether a youthful offender adjudication was made. However, the person must still answer questions regarding the facts underlying the adjudication … . * * *

Here, the defendant’s son did not waive the privilege afforded by the statute since he did not commence an action which places the conduct at issue … . The defendant did not assert counterclaims or cross claims in this action placing the conduct at issue …, and the defendant’s son did not testify as to the confidential contents of the records … . Contrary to the plaintiff’s contention, the testimony of the defendant’s son at his deposition denying that he threw the egg which allegedly struck the plaintiff’s daughter did not waive the protections of the statute … . Castiglione v James FQ, 2014 NY Slip Op 01571, 2nd Dept 3-12-14

 

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