THE PEOPLE &C., RESPONDENT, v. HOPETON MINOTT,APPELLANT.
94 N.Y.2d 784 (1999).
October 21, 1999
(99 NY Int. 0143)
Decided October 21, 1999
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Spiros A. Tsimbinos, for appellant.
Richard E. Weill, for respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed and the
original sentence of County Court, Westchester County, imposing a
sentence of five years probation as a youthful offender, reinstated.
In October 1995, following a jury trial in County Court, Westchester
County, defendant was convicted of manslaughter in the first degree.
During sentencing, defendant made an application to be adjudicated a
youthful offender. The People opposed the application and asked the
court to consider that, while free on bail and awaiting sentencing for
the manslaughter conviction, defendant had been indicted in Kings
County for robbery and related offenses. The People furthernoted that
defendant had been identified in a line-up by one of the victims in
Kings County and that his jacket had been recovered in the flight path
from the scene of the crime.
In response, counsel for defendant stated, "it's our defense that this
fifteen year old took * * * (defendant%s) coat and went to perform a
robbery with some other persons." Defendant's counsel further stated
that defendant had a "valid alibi under my standards, although it
hasn%t been tested yet, where we put in an alibi notice that he wasn%t
present. But it hasn%t been tested yet."
Westchester County Court granted defendant's motion, vacated the
conviction and adjudicated defendant a youthful offender, sentencing
him to five years probation. The court stated:
%Defendant is presumed to be innocent of the charges brought
against him in Kings County. The People have not presented evidence
SNIPPETS:
THE PEOPLE &C., RESPONDENT, v. HOPETON MINOTT,APPELLANT.
The order of the Appellate Division should be reversed and the original sentence of County
In October 1995, following a jury trial in County Court, Westchester County, defendant was
The People opposed the application and asked the court to consider that, while free on bail
Defendant's counsel further stated that defendant had a "valid alibi under my standards,
The People have not presented evidence sufficient to persuade the Court that the Defendant
The court noted, however, that if defendant was ultimately convicted of the crimes with which
Six months after sentencing, defendant pleaded guilty in Kings County to attempted criminal
Based upon defendant's guilty plea in Kings County, the same court and Judge in Westchester
In this case, because defendant was arrested and indicted in Kings County prior to his
We conclude that defense counsel's qualified statements, made at the sentencing hearing,
Equivocal and subjective language depicting a theory of defense cannot, in this case, be
Order reversed and the original adjudication of County Court, Westchester County, imposing a
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