The defendant is accused of murder in the second degree in violation of section 125.25 of the Penal Law of New York State. The crime is alleged to have been committed on or about November 14, 1980 under circumstances evincing a depraved indifference to human life, in that he recklessly engaged in conduct which created a grave risk of death to a four-year-old infant, and thereby caused the death of said infant by the application of physical...
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