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PEOPLE v. HESTERBAY

60 A.D.3d 564 (2009)

875 N.Y.S.2d 478

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIATRA HESTERBAY, Also Known as DIATRA HESTER-BEY, Appellant.

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

Decided March 26, 2009.

Defendant was convicted of smothering her 14-month-old son in an effort to get him to lie still and take a nap, as well as collecting welfare benefits for her son for four years after his death. At her first trial, defendant was convicted of the welfare fraud-related charges, but the jury was unable to reach a verdict on the criminally negligent homicide charge, which was the subject of the second trial.

The hearing court...

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