by Andrew Henderson
Jay J. Barboni’s second-degree murder and first-degree manslaughter conviction for striking and killing a 15-month-old boy in 2008 was upheld by the New York State Court of Appeals Tuesday, according to Oswego County District Attorney Gregory Oakes.
“Although I am pleased with the court’s decision to affirm the conviction, there is no celebration,” said Oakes. “At the end of the day, an innocent little boy lost his life and, unfortunately, we cannot undo that senseless loss.”
On Aug. 18, 2008, emergency personnel were called to an apartment in Fulton. First responders arrived to find a 15-month-old boy, Nicholas Gage Taylor, who was not breathing. The baby was immediately transported to A. L. Lee Memorial Hospital where he was pronounced dead shortly after arrival.
The Onondaga County Medical Examiner’s Office conducted an autopsy and found that the baby had suffered multiple skull fractures. He also suffered bleeding in the brain as well as retinal bleeding in his eyes.
At the trial, a doctor testified that had Nicholas lived, he would have been rendered legally blind. Additionally, he had over 20 separate contusions from head to toe with the worst bruises located on his head.
Barboni was convicted in 2009 after a jury trial. At the time, he was sentenced by Oswego County Court Judge Walter Hafner to the maximum sentence of 25 years to life on the murder conviction as well as a concurrent 20 years on the manslaughter conviction.
He appealed his conviction, arguing in part that the evidence at trial was legally insufficient to support his conviction for depraved indifference murder.
Barboni also argued that certain items of physical evidence should have been suppressed by trial court. He also argued that he received ineffective assistance of counsel.
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