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PEOPLE v. HESLOP

48 A.D.3d 190 (2007)

849 N.Y.S.2d 301

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOYD B. HESLOP SR., Appellant.

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

December 20, 2007.

Attorney(s) appearing for the Case

Mitch S. Kessler, Cohoes, for appellant.

Beth G. Cozzolino, District Attorney, Hudson (H. Neal Conolly of counsel), for respondent.

CARDONA, P.J., CARPINELLO and ROSE, JJ., concur with SPAIN, J.; PETERS, J., dissents in a separate opinion.

OPINION OF THE COURT

SPAIN, J.

Defendant was charged with depraved indifference murder (see Penal Law § 125.25 [4]), stemming from the death of his four-month-old son. Trial testimony established that defendant was awakened at approximately 5:30 A.M. by his son's cries. Unable to quiet the infant, he twice punched the baby in the head. After the second blow, he realized that the child was injured, later admitting that the skull moved and was...

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