N.Y. Penal Law § 60.02

§ 60.02 Authorized disposition; youthful offender.\n When a person is to be sentenced upon a youthful offender finding, the\ncourt must impose a sentence as follows:\n (1) If the sentence is to be imposed upon a youthful offender finding\nwhich has been substituted for a conviction of an offense other than a\nfelony, the court must impose a sentence authorized for the offense for\nwhich the youthful offender finding was substituted, except that if the\nyouthful offender finding was entered pursuant to paragraph (b) of\nsubdivision one of section 720.20 of the criminal procedure law, the\ncourt must not impose a definite or intermittent sentence of\nimprisonment with a term of more than six months; or\n (2) If the sentence is to be imposed upon a youthful offender finding\nwhich has been substituted for a conviction for any felony, the court\nmust impose a sentence authorized to be imposed upon a person convicted\nof a class E felony provided, however, that the court must not impose a\nsentence of conditional discharge or unconditional discharge if the\nyouthful offender finding was substituted for a conviction of a felony\ndefined in article two hundred twenty of this chapter.\n (3) The provisions of section 60.35 of this article shall apply to a\nsentence imposed upon a youthful offender finding and the amount of the\nmandatory surcharge and crime victim assistance fee which shall be\nlevied at sentencing shall be equal to the amount specified in such\nsection for the offense of conviction for which the youthful offender\nfinding was substituted; provided, however that the court shall not\nimpose the sex offender registration fee, DNA databank fee or\nsupplemental sex offender victim fee, as defined in subparagraphs (iv)\nand (v) of paragraph (a) and paragraph (b) of subdivision one of section\n60.35 of this article, for an offense in which the conviction was\nsubstituted with a youthful offender finding.\n (4) Notwithstanding any other provision of law in this section, if the\nsentence is to be imposed upon a youthful offender finding which has\nbeen substituted for a conviction of prostitution or loitering for the\npurposes of prostitution provided that the person does not stand charged\nwith loitering for the purpose of patronizing a prostitute, and such\noffense occurred when the person was sixteen or seventeen years of age,\nthe court must impose a sentence authorized to be imposed upon a person\nconvicted of a violation as defined in subdivision three of section\n10.00 of the penal law and where the court imposes a revocable sentence\nauthorized for a violation may order any of the specialized services\nenumerated in title eight-A of article six of the social services law or\nother appropriate services made available to persons in need of\nsupervision in accordance with article seven of the family court act.\n