Crew III, J.
On September 8, 1994 defendant, who was alone with his six-month-old son, observed that the baby was not breathing and called 911. In response, an ambulance took the baby to a local hospital, from which he was flown to Buffalo Children's Hospital in the City of Buffalo, Erie County, where he went into cardiovascular arrest and died. Death was attributed to a massive diffuse injury to the brain as a consequence of violent shaking. Defendant thereafter...
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