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MATTER OF DASHAWN W.

2841

73 A.D.3d 574 (2010)

902 N.Y.S.2d 516

In the Matter of DASHAWN W. and Others, Children Alleged to be Abused. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; ANTOINE N., Respondent, et al., Respondent.

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

Decided May 20, 2010.

The court believed that People v Suarez (6 N.Y.3d 202 [2005]), a criminal case that noted that conduct evincing a depraved indifference to human life generally cannot occur in a one-on-one situation, constrained it from making a finding of severe abuse pursuant to Family Court Act § 1051 because there was insufficient evidence to determine whether the father's conduct—causing his five-month-old baby to sustain, on separate...

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