In a full-fledged opinion by Justice Stein, the Third Department concluded that the sentencing guidelines for youthful offenders do not allow the imposition of a determinate sentence:
Penal Law § 60.02 (2) provides, as relevant here, that a sentencing court must impose upon a youthful offender “a sentence authorized to be imposed upon a person convicted of a class E felony” (emphasis added). In turn, the permissible prison sentence for a person convicted of an undesignated class E felony is an indeterminate sentence with a minimum of one year and a maximum of four years (see Penal Law § 70.00 [2] [e]). * * *
When Penal Law § 60.02 (2) is read in conjunction with CPL 720.20 (1) (a), it is clear that the authorized sentence for a youthful offender adjudication substituted for any felony conviction is an indeterminate term that does not exceed a maximum of four years, “regardless of the classification of the felony committed”… . People v Jorge D, 104930, 3rd Dept, 5-30-13