Appellate Division of the Supreme Court of the State of New York December 20, 2001 (People v. Mitchell)

Cardona, P. J.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered July 6, 2000, upon a verdict convicting defendant of the crime of murder in the second degree.

On July 19, 1999, at approximately 5:30 p.m., paramedics and the police responded to a 911 call that defendant’s three-month-old daughter was unconscious and her head was swollen.