People v. Gray

Judgment, Supreme Court, Bronx County (Ruth Sussman, J.), rendered April 25, 2001, convicting defendant, upon his plea of guilty, of rape in the third degree, adjudicating him a youthful offender, and sentencing him to a term of 10 years probation, unanimously affirmed.

The court properly imposed a 10-year term of probation and not a five-year term (People v Andrew W., 189 Misc 2d 479 [Greene County Ct 2001]). When a youthful offender finding is substituted for a felony conviction, “the court must impose a sentence authorized to be imposed upon a person convicted of a class E felony ...”…