Mercure, J.
Defendant's conviction arises from the March 1997 death of Patricia Santana and beating of Santana's three-year-old daughter in the City of Troy, Rensselaer County. Defendant was indicted for the crimes of murder in the first degree, murder in the second degree, assault in the second degree (two counts) and endangering the welfare of a child, and the prosecution thereafter filed notice of its intent to seek the death penalty. A plea agreement was reached...
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