PEOPLE v. SMITH


41 A.D.3d 964 (2007)

838 N.Y.S.2d 690

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES B. SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 14, 2007.


Rose, J.

Defendant was indicted for murder in the second degree and manslaughter in the second degree as the result of the death of the three-year-old daughter of his live-in girlfriend. At the jury trial, evidence of the young victim's prior injuries was admitted and it was shown that she had been under defendant's sole care when she sustained the severe head trauma which later caused her death. The jury found defendant guilty of depraved indifference murder and...

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