People v. Bailey

Judgment unanimously affirmed. Memorandum: Defendant contends that the verdict convicting him of manslaughter in the second degree is against the weight of the evidence because the proof that he was alone with the infant at home at the time of the infant’s death was not conclusive. We disagree. There was expert testimony regarding the time of death of the infant, as well as testimony that defendant was alone with the infant at that time. Although defendant presented testimony of an expert challenging the time of death, resolution of credibility issues is a task within the province of the jury…