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NY court upholds 'depraved indifference' murder

ALBANY -- New York's top court has upheld the murder conviction of a central New York man who beat a toddler to death, concluding he showed "depraved indifference" to the child's life.
The Court of Appeals says Jay Barboni was alone in August 2008 with his girlfriend's 15-month-old son, who suffered four skull fractures from five or six blows at the woman apartment in Fulton, 23 miles north of Syracuse.
The judges say Barboni's failure to call for help for the next two hours showed depraved indifference through "a brutal and prolonged course of conduct against a vulnerable victim," rejecting that it was just a brief fit of rage.
Before Tuesday, the court had overturned a string of 17 depraved indifference convictions since 2002.
The 35-year-old Barboni was sentenced to 25 years to life in prison.

   AP-WF-06-12-13 0706GMT
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