PEOPLE v. BARRETO


64 A.D.3d 1046 (2009)

882 N.Y.S.2d 594

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA BARRETO, Appellant.

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

Decided July 23, 2009.


Lahtinen, J.

Defendant resided in an apartment in Greene County with his girlfriend and her two young children. He was the biological father of the youngest child (born in 2004), but not of the victim (born in 2003). On May 29, 2006, defendant was alone with the children while his girlfriend was at work. Shortly after 4:30 P.M., he placed a 911 call reporting that the victim had suffered a seizure and drowned while taking a bath. When emergency personnel arrived,...

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