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PEOPLE v. BOWMAN

48 A.D.3d 178 (2007)

847 N.Y.S.2d 536

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE BOWMAN, Appellant.

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

December 13, 2007.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Peter Theis of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Christopher P. Marinelli and Mark Dwyer of counsel), for respondent.

TOM, J.P., SAXE, FRIEDMAN and McGUIRE, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

"Every night and every morn Some to misery are born."*

On the evening of February 28, 2003, Velna Prince, a 28-year-old bank supervisor and the mother of a five-week-old baby girl named Tyshae, went out for the evening with friends. She left Tyshae in the care of the defendant Tyrone Bowman, the baby's father and Prince's live-in boyfriend. During the evening, Prince called home three...

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