Opinion
October 5, 1998
Appeal from the County Court, Westchester County (Leavitt, J.).
Ordered that the amended judgment is affirmed.
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). Upon our review of the record we agree with the determination of the County Court that defense counsel, in the defendant's presence, 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; Matter of Lockett v. Juviler, 65 N.Y.2d 182; People v. Jason, 240 A.D.2d 760; People v. Moss, 234 A.D.2d 610; Matter of Klein v. Cowhey, 161 A.D.2d 643; People v. Barnes, 160 A.D.2d 342; People v. Joyner, 171 Misc.2d 544, affd 247 A.D.2d 945). 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 Penal [3] [a]; [4]).
The defendant's remaining contentions are without merit.
Miller, J. P., Copertino, Pizzuto and Florio, JJ., concur.