SPAIN, J.P.
On Sunday, September 21, 2008, defendant's wife, Wilhemina Hicks, woke around 9:00 A.M. in their two-bedroom apartment in the City of Troy, Rensselaer County to find that their four-month-old son Matthew was unresponsive and not breathing regularly; she awoke defendant, 911 was called and emergency personnel responded. Upon arrival at a local hospital with Hicks, Matthew was in critical condition, in severe respiratory distress, unconscious and nonresponsive...
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