The sentence is no penalty. lol.
Can you appeal a conviction that does not have a penalty?
"When the court imposes a sentence of unconditional discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, fine or probation supervision.
A sentence of unconditional discharge is for all purposes a final judgment of conviction."
1. Criteria. The court may impose a sentence of unconditional discharge in any case where it is authorized to impose a sentence…
newyork.public.law