Justice Leslie Stein
Waiving indictment, and right to appeal, Jorge D. pleaded guilty to attempted rape. Adjudicated a youthful offender, Jorge D. was sentenced to four years in prison and three years’ post-release supervision. His appeal argued illegality of sentence. Addressing an unresolved issue, Third Department vacated sentenceand remitted the case for resentencingholding that sentencing guidelines applicable to a youthful offender who committed a felony do not permit imposition of a determinate sentence. Penal Law §60.02(2) provides 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." Pursuant to Penal Law §70.00 (2)(e) 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. Additionally, when Penal Law §60.02(2) is read together with Criminal Procedure Law 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.
