People v. Kirk

Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered September 23, 1983, upon a verdict convicting defendant of the crime of criminally negligent homicide.

On February 19, 1983, Linda Sholes requested that defendant be a babysitter for her four-month-old son, Joey. Defendant agreed to do so, and Sholes delivered Joey to his apartment at approximately 8:00 p.m. Although the child had fallen from his bed earlier in the day, he was in apparent good health at the time defendant obtained custody. Sholes returned to defendant’s apartment at approximately 3:00 a.m.…