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PEOPLE v. MATOS

4823, 5162/04.

83 A.D.3d 529 (2011)

921 N.Y.S.2d 66

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZAHIRA MATOS, Appellant.

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

Decided April 19, 2011.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant was convicted of depraved indifference murder of a child (Penal Law § 125.25 [4]) in connection with the death of her approximately two-year-old son, who was beaten to death by the codefendant, defendant's domestic partner.

It is undisputed that only the...

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