Appellate Division of the Supreme Court of the State of New York March 14, 1996 (People v. Esposito)

—Cardona, P. J.

Following a jury trial in October 1991, defendant was convicted of the crime of manslaughter in the second degree arising from the February 1, 1990 death of 13-month-old Nicholas Bodah (hereinafter Nicky) while in defendant’s care. Prior to trial, defendant had maintained that Nicky sustained his injuries in a fall from the living room couch after being placed there by defendant.