Ordered that the judgment is affirmed.
The four-year-old victim lived in an apartment in Dutchess County with his mother and the mother's boyfriend, the defendant. On August 8, 2007, the victim's mother left for work at about 5:00 P.M. When she returned, the victim was lying on his bed motionless with his eyes open, looking straight ahead. She yelled at the victim to wake up, while the defendant attempted cardio pulmonary resuscitation (hereinafter CPR). She rushed...
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