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District Attorney

Posted on: March 29, 2022

District Attorney David M. Hoovler Announces State Prison Sentence in Death of Newborn

Orange County News
For Immediate Release                                                                           Contact: Christopher Borek 
  March 28, 2022                                                                               845.291.3276, 845.238.4245c



District Attorney David M. Hoovler Announces State Prison Sentence  

in Death of Newborn 


Port Jervis Woman Who Pled Guilty to Manslaughter  for Killing Newborn by 

Abandoning her in Vacant Lot Sentenced to 4-15 Years in Prison 


Orange County District Attorney David M. Hoovler announced that on Monday, March 28, 2022, Nicole H. Layman, 23, of Port Jervis was sentenced to four to fifteen years in state prison in connection with the death of her newborn infant found in a vacant lot in Port Jervis in November 2019.  On December 10, 2021, Layman pleaded guilty in Orange County Court to Manslaughter in the Second Degree.  The District Attorney’s Office recommended that she be sentenced to five to fifteen years in state prison.  

On the night of November 12, 2019, City of Port Jervis Police Officers responded to a report of a deceased infant found in a vacant lot adjacent to Hornbeck Avenue, in the City of Port Jervis. Upon their arrival police officers observed the body of a newborn baby. Subsequent investigation revealed that the baby girl had been born that night and had died of exposure to the elements.   

An investigation was conducted by the City of Port Jervis Police Department, who were aided by the New York State Police, the Orange County Medical Examiner’s Office and the Orange County District Attorney’s Office. The investigation included executing a search warrant at Layman’s residence, conducting an autopsy on the deceased infant, and obtaining laboratory analysis of tissue samples obtained during the autopsy.  

At the time that Layman pleaded guilty, she admitted that she had just given birth to the infant and had left the newborn exposed to the elements without notifying anyone.  

District Attorney Hoovler thanked the City of Port Jervis Police Department, for their investigation and the arrest of Layman, as well as the New York State Police and the Office of the Orange County Medical Examiner, who assisted in the investigation.

“While consigning an infant to die of exposure is, by definition, inexcusable, illegal, and barbaric, I believe that a sentence of five to fifteen years in state prison in this case would  strike a just balance between the seriousness of the conduct, and some mitigating factors attributable to this particular defendant,” said District Attorney David M. Hoovler. “The individual circumstances surrounding an offender’s state of mind, including their capacity to truly appreciate the seriousness of their offense beforehand, and whether or not they engaged in extensive planning, are all proper sentencing considerations. It is important that everyone be aware that help is available within Orange County for those who are unable to care for their children.  I am grateful to the City of Port Jervis Police Department for their tireless actions in pursuing this investigation.” 

The case was prosecuted by Senior Assistant District Attorney Julie Mohl and Senior Assistant District Attorney Christopher Kelly. 

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