It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the first degree (Penal Law § 120.10[3]), arising from an incident in which his 14-month-old daughter (victim) sustained a neurologically devastating traumatic brain injury while in his exclusive care. We affirm.
Contrary to defendant's contention, Supreme Court did not abuse its...
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