Appellate Division of the Supreme Court of New York, 2016

People v. Teri W.

People v. Teri W.
Appellate Division of the Supreme Court of New York · Decided September 29, 2016 · Mazzarelli, Acosta, Saxe, Moskowitz, Gesmer
142 A.D.3d 924; 37 N.Y.S.3d 890
People v. Teri W.

Opinion

Judgment, Supreme Court, *925 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 five-year term (see People v Gray, 2 AD3d 275, 275 [1st Dept 2003], lv denied 1 NY3d 628 [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.

Concur — Mazzarelli, J.R, Acosta, Saxe, Moskowitz and Gesmer, JJ.

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