People v. Burg

—Appeal from a judgment of the County Court of Schoharie County (Bartlett, III, J.), rendered January 28, 1998, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

Defendant pleaded guilty to the crime of depraved indifference murder (Penal Law § 125.25 [4]) in satisfaction of, inter alia, a multicount indictment relating to the death of an eight-month-old infant placed in defendant’s care who died from blunt force injuries to her head and torso. Pursuant to his plea agreement, defendant waived his right to appeal. The only commitment County Court made was…