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254 A.D.2d 306, 1998 N.Y. Slip Op. 08554
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The PEOPLE, etc., Respondent,
v.
Hopeton MINOTT, Appellant.
Supreme Court, Appellate Division,
Second Department.
Oct. 5, 1998.
Following vacation of judgment imposing a sentence of five years probation as a youthful offender upon defendant's conviction of manslaughter in the first degree, 172 Misc.2d 916, 660 N.Y.S.2d 317, the County Court, Westchester County, Leavitt, J., imposed a sentence of an indeterminate term of imprisonment of three to nine years, and defendant appealed. The Supreme Court, Appellate Division, held that: (1) trial court had the inherent authority to revoke the youthful offender sentence as having been obtained by fraud and deceit, and (2) sentence was not improvident exercise or abuse of discretion.
Affirmed.
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People v. Minott
[1] KeyCite this headnote
 211 INFANTS
211VI Crimes
211k69 Sentence and Punishment
211k69(8) k. Modification, vacation, and review.
N.Y.A.D. 2 Dept.,1998.
Record supported determination that defense counsel, in defendant's presence, affirmatively and voluntarily misled the trial court as to the defendant's innocence on other charges then pending, to induce the court to impose a probationary sentence as a youthful offender upon defendant's conviction for manslaughter in the first degree after which defendant entered a plea of guilty in satisfaction of the indictment, and thus, the trial court had inherent authority to revoke the youthful offender sentence as having been obtained by fraud and deceit.
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People v. Minott
[2] KeyCite this headnote
203 HOMICIDE
203XI Sentence and Punishment
203k354 Nature and Extent of Punishment
203k354(1) k. In general.
N.Y.A.D. 2 Dept.,1998.
Resentencing defendant to a period of incarceration of three to nine years on his conviction for manslaughter in the first degree following vacation of judgment imposing a sentence of five years probation as a youthful offender was not an improvident exercise or abuse of discretion. McKinney's Penal Law §§ 70.02, subds. 3(a), 4, 125.20.
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*104
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Addabbo & Greenberg, Forest Hills, N.Y. (Todd D. Greenberg of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Richard E. Weill of counsel), for respondent.
Before MILLER, J.P., COPERTINO, PIZZUTO and FLORIO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant, as limited by his motion, from an amended judgment of the County Court, Westchester County (Leavitt, J.), rendered May 8, 1997, which, upon vacating a judgment of the same court rendered February 5, 1996, imposing a sentence of five years probation as a youthful offender upon his conviction of manslaughter in the first degree, imposed a sentence of an indeterminate term of imprisonment of three to nine years.
ORDERED that the amended judgment is affirmed.
[1][2] The circumstances of this case are accurately recited in the decision and order of the County Court revoking the defendant's original probationary sentence as a youthful offender (see, People v. Minott, 172 Misc.2d 916, 660 N.Y.S.2d 317). Upon our review of the record we agree with the determination of the County Court that defense counsel, in the defendant's presence,
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affirmatively and voluntarily misled the court as to the defendant's innocence on other charges then pending in Kings County, to induce the County Court to impose a probationary sentence as a youthful offender upon the defendant's conviction for manslaughter in the first degree. The defendant thereafter entered a plea of guilty in satisfaction of the Kings County indictment. Accordingly, the County Court had the inherent authority to revoke the youthful offender sentence as having been obtained by fraud and deceit (see,
People v. Calderon, 79 N.Y.2d 61, 580 N.Y.S.2d 163, 588 N.E.2d 61; Matter of Lockett v. Juviler, 65 N.Y.2d 182, 490 N.Y.S.2d 764, 480 N.E.2d 378; People v. Jason, 240 A.D.2d 760, 660 N.Y.S.2d 143; People v. Moss, 234 A.D.2d 610, 652 N.Y.S.2d 298; *105
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Matter of Klein v. Cowhey, 161 A.D.2d 643, 555 N.Y.S.2d 420; People v. Barnes, 160 A.D.2d 342, 553 N.Y.S.2d 413; People v. Joyner, 171 Misc.2d 544, 655 N.Y.S.2d 300, affd. --- A.D.2d ----, 669 N.Y.S.2d 1017). Furthermore, the County Court did not improvidently exercise or abuse its discretion in resentencing the defendant to a period of incarceration of three to nine years on his conviction for manslaughter in the first degree (see, Penal Law §§ 125.20, 70.02[3][a], [4] ).
The defendant's remaining contentions are without merit.
END OF DOCUMENT
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