N.Y. Penal Law § 60.02: Authorized disposition; youthful offender

§ 60.02 Authorized disposition; youthful offender.

When a person is to be sentenced upon a youthful offender finding, the

court must impose a sentence as follows:

(1) If the sentence is to be imposed upon a youthful offender finding

which has been substituted for a conviction of an offense other than a

felony, the court must impose a sentence authorized for the offense for

which the youthful offender finding was substituted, except that if the

youthful offender finding was entered pursuant to paragraph (b) of

subdivision one of section 720.20 of the criminal procedure law, the

court must not impose a definite or intermittent sentence of

imprisonment with a term of more than six months; or

(2) If the sentence is to be imposed upon a youthful offender finding

which has been substituted for a conviction for any felony, the court

must impose a sentence authorized to be imposed upon a person convicted

of a class E felony provided, however, that the court must not impose a

sentence of conditional discharge or unconditional discharge if the

youthful offender finding was substituted for a conviction of a felony

defined in article two hundred twenty of this chapter.

(4) Notwithstanding any other provision of law in this section, if the

sentence is to be imposed upon a youthful offender finding which has

been substituted for a conviction of prostitution or loitering for the

purposes of prostitution provided that the person does not stand charged

with loitering for the purpose of patronizing a prostitute, and such

offense occurred when the person was sixteen or seventeen years of age,

the court must impose a sentence authorized to be imposed upon a person

convicted of a violation as defined in subdivision three of section

10.00 of the penal law and where the court imposes a revocable sentence

authorized for a violation may order any of the specialized services

enumerated in title eight-A of article six of the social services law or

other appropriate services made available to persons in need of

supervision in accordance with article seven of the family court act.