Upon remittitur from the Court of Appeals, judgment unanimously reversed on the law and indictment dismissed without prejudice to the People to re-present any appropriate charges to another Grand Jury.
Memorandum:
Defendant was indicted for murder in the second degree in the death of the infant daughter of the woman with whom defendant was living. The medical evidence established that the infant died from non-accidental, severe blunt force trauma to her abdomen...
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