Judgment unanimously affirmed.
Memorandum:
Defendant contends that, because the amended bill of particulars refers only to shaking the child, it limits the theory of the People's case to such proof. He contends that County Court therefore erred in refusing his request to instruct the jury in accordance with the language of the amended bill of particulars and erred in instructing the jury that they could convict defendant if they found that he impacted the...
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