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TEN-YEAR, AS OPPOSED TO A FIVE-YEAR, PROBATION SENTENCE FOR A YOUTHFUL OFFENDER SEXUAL ABUSE ADJUDICATION IS SUPPORTED BY THE STATUTORY LANGUAGE (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Wilson, determined that the statutory language supported a ten-year, as opposed to a five-year, probation sentence for a youthful offender’s (Teri W’s) sexual abuse adjudication:

The version of [the] statute in effect when Teri W. committed her offense provided that “For a felony, other than a class A-II felony defined in article two hundred twenty of this chapter or the class B felony defined in section 220.48 of this chapter, or any other class B felony defined in article two hundred twenty of this chapter committed by a second felony drug offender, or a sexual assault, the period of probation shall be five years” … . Pursuant to the exception above, “[f]or a felony sexual assault, the period of probation shall be ten years” … . * * *

Because [the relevant] definition includes sex offenses that are class E felonies, a probation period of 10 years for a felony sexual assault is a sentence “authorized to be imposed upon a person convicted of a class E felony” … . Concordantly, Penal Law § 65.00 (3) (a) (i) exempts “sexual assaults” from the shorter probationary period applicable to non-sexual assault class E felonies. People v Teri W., 2018 NY Slip Op 02210, CtApp 3-29-18

CRIMINAL LAW (YOUTHFUL OFFENDER, TEN-YEAR, AS OPPOSED TO A FIVE-YEAR, PROBATION SENTENCE FOR A YOUTHFUL OFFENDER SEXUAL ABUSE ADJUDICATION IS SUPPORTED BY THE STATUTORY LANGUAGE (CT APP))/SENTENCING (YOUTHFUL OFFENDER, TEN-YEAR, AS OPPOSED TO A FIVE-YEAR, PROBATION SENTENCE FOR A YOUTHFUL OFFENDER SEXUAL ABUSE ADJUDICATION IS SUPPORTED BY THE STATUTORY LANGUAGE (CT APP))/YOUTHFUL OFFENDER (TEN-YEAR, AS OPPOSED TO A FIVE-YEAR, PROBATION SENTENCE FOR A YOUTHFUL OFFENDER SEXUAL ABUSE ADJUDICATION IS SUPPORTED BY THE STATUTORY LANGUAGE (CT APP))/SEXUAL OFFENSES (YOUTHFUL OFFENDER, TEN-YEAR, AS OPPOSED TO A FIVE-YEAR, PROBATION SENTENCE FOR A YOUTHFUL OFFENDER SEXUAL ABUSE ADJUDICATION IS SUPPORTED BY THE STATUTORY LANGUAGE (CT APP))PROBATION (YOUTHFUL OFFENDER, SEXUAL OFFENSE, TEN-YEAR, AS OPPOSED TO A FIVE-YEAR, PROBATION SENTENCE FOR A YOUTHFUL OFFENDER SEXUAL ABUSE ADJUDICATION IS SUPPORTED BY THE STATUTORY LANGUAGE (CT APP))

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