This section contains the nature of the case and procedural background.

The criminal charges arose from the death of D's 3-year-old stepson. D had a history of violence against the boy. In the incident, D violently pushed the boy which caused him to strike his head on the floor. The boy became nonresponsive and died days later. D’s wife, the boy’s mother, was present. D plead guilty to depraved indifference murder. D appealed. Defendant contends that his plea was not knowingly and voluntarily entered because he negated the depraved indifference mens rea element of the crime in his factual recitation during the plea proceeding and the County Court erred in accepting the plea without adequately curing the deficiency and in denying his subsequent motion to withdraw the plea.

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