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PEOPLE v. FOSTER

2016-11866, Ind. No. 2328-13.

157 A.D.3d 901 (2018)

66 N.Y.S.3d 905

2018 NY Slip Op 00435

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER FOSTER, Appellant.

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

Decided January 24, 2018.

Ordered that the order is affirmed.

The defendant was convicted of manslaughter in the first degree and endangering the welfare of a child in connection with the death of his one-month-old son. The judgment of conviction was affirmed by this Court (see People v Foster, 143 A.D.3d 736 [2016]). The defendant moved to vacate the judgment of conviction pursuant to CPL 440.10 (1) (g) based on newly discovered evidence, which consisted...

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