Opinion
09-29-2016
The PEOPLE of the State of New York, Respondent, v. TERI W., Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Seth Steed of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Seth Steed of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.
Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered June 6, 2012, convicting defendant, upon her plea of guilty, of sexual abuse in the first degree, adjudicating her a youthful offender and sentencing her to a term of 10 years' probation, unanimously affirmed.
Although the court adjudicated defendant a youthful offender, it lawfully imposed a 10–year term of probation rather than a 5–year term (see People v. Gray, 2 A.D.3d 275, 275, 769 N.Y.S.2d 255 [1st Dept.2003] lv. denied 1 N.Y.3d 628, 777 N.Y.S.2d 27, 808 N.E.2d 1286 [2004] ). We decline to revisit our holding in Gray.
Although we do not find that defendant made a valid waiver of her right to appeal, we perceive no basis for reducing the sentence.
MAZZARELLI, J.P., ACOSTA, SAXE, MOSKOWITZ, GESMER, JJ., concur.