Ordered that the judgment is affirmed.
The defendant was charged with murder in the second degree, among other crimes, arising from the death of a three-year-old child. At trial, the People proceeded on a theory that the defendant's fiancée beat the child to death and the defendant, having a legal duty to act, failed to intervene and stop the beating.
The trial evidence established that on June 6, 2008, at approximately 10:00 a.m., firefighters responded...
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