PEOPLE v. ORCUTT


49 A.D.3d 1082 (2008)

854 N.Y.S.2d 247

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD ORCUTT, Appellant.

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

Decided March 27, 2008.


Spain, J.

On the evening of October 20, 1998, defendant was at home with his girlfriend, Tanya Smith, when he found their eight-month-old daughter in her crib with a blanket covering her head, unresponsive and apparently not breathing. Defendant and Smith had been home all afternoon with the baby and their three other young children (two were from Smith's prior marriage). The baby was taken by ambulance to the hospital and pronounced dead shortly thereafter. During...

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