It is hereby ordered that the judgment so appealed from is reversed on the facts, the indictment is dismissed, and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 470.45.
Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of manslaughter in the first degree (Penal Law § 125.20[4]) based on his alleged unintentional killing of the 13-month-old son of his then-girlfriend. We agree with defendant...
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