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PEOPLE v. WARRINGTON

106123.

146 A.D.3d 1233 (2017)

2017 NY Slip Op 00507

45 N.Y.S.3d 683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON WARRINGTON, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 26, 2017.

At all relevant times, defendant resided with his live-in girlfriend, Jennifer Mattison, as well as her five-year-old son (hereinafter the victim) and their infant son. On the morning of November 15, 2012, Mattison called 911 to report that the victim was having trouble breathing. The victim was suffering

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