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PEOPLE v. GRAY

2 A.D.3d 275 (2003)

769 N.Y.S.2d 255

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR GRAY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 2003.

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 ..." (Penal Law § 60.02 [2]). The period of probation for a "felony sexual assault" (§ 65.00 [3] [a...

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