General

The People of the State of New York, Respondent, v. Teri W., Appellant

142 A.D.3d 92437 N.Y.S.3d 890·New York Supreme Court, Appellate Division·2016·NY

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

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Opinion

The People of the State of New York, Respondent, v Teri W., Appellant. [37 NYS3d 890] [MAJORITY] 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 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.