Authorized disposition; making graffiti and possession of graffiti instruments. NY Penal Law § 60.28

When a person is convicted of an offense defined in section 145.60 or 145.65 of this chapter, or of an attempt to commit such offense, and the sentence imposed by the court for such conviction includes a sentence of probation or conditional discharge, the court shall, where appropriate, include as a condition of such sentence the defendant`s successful participation in a graffiti removal program pursuant to paragraph (h) of subdivision two of section 65.10 of this chapter.