People v Teri W., 2016 NY Slip Op 06260 [142 AD3d 924]

September 29, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Teri W., 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.

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.P., Acosta, Saxe, Moskowitz and Gesmer, JJ..