Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [4]). The evidence at trial established that defendant caused the death of his six-week-old child during the course of a heated argument with the child's mother. The incident occurred on the porch at the home of the child's maternal grandmother. Defendant picked up the child, resisted the efforts of the mother and maternal grandmother...
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