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PEOPLE v. POLOMAINE

102386.

89 A.D.3d 1215 (2011)

932 N.Y.S.2d 571

2011 NY Slip Op 7870

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. REBECCA POLOMAINE, Appellant-Respondent.

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

Decided November 10, 2011.

MALONE Jr., J.

In 2007, defendant was indicted and charged with assault in the first degree, reckless assault of a child, and reckless assault of a child by a daycare provider after a two-year-old female child suffered severe injuries, including a skull fracture and permanent brain damage, while in defendant's care on March 27, 2007. Following a jury trial, defendant was found guilty as charged, although the conviction of reckless assault by a daycare provider was...

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