Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
After giving birth at home, the defendant placed her newborn baby in a towel and a plastic bag. The defendant subsequently placed the plastic bag containing the baby in a lake. At the trial, the parties stipulated that the baby was born alive. Although the defendant admitted placing the baby in the towel, the plastic...
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