Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of manslaughter in the second degree (Penal Law § 125.15 [1]) in connection with the death of his five-month-old daughter. Defendant gave a statement to the police admitting that he stuffed a piece of clothing in his daughter's mouth to keep his daughter from crying. At trial, defendant testified that he lied to the police, and the defense theory was that defendant's girlfriend, the mother...
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