The state's highest court is weighing in on the murder of a Fulton baby.
The Court of Appeals has upheld the murder and manslaughter convictions of Jay Barboni. In 2009, Barboni was convicted of killing 15-month-old Nicholas Gage Taylor. The infant wasn't breathing when he was found in a Fulton apartment on August 18, 2008. The boy was taken to Lee Memorial Hospital in Fulton where he later died.
The Onondaga County Medical Examiner found the boy suffered multiple skull fractures, bleeding on his brain and retinal bleeding in his eyes. At trial, a doctor testified that had Taylor lived, he would have been legally blind. He also had more than 20 separate contusions from head to toe with the worst brusies around his neck.
Barboni was convicted of 2nd degree murder (depraved indifference murder) and 1st degree manslaughter. He was sentenced to 25 years to life in prison on the murder conviction and a concurrent sentence of 20 years on the manslaughter conviction.
Barboni appealed his conviction, arguing that the evidence at trial was legally insufficient to support his conviction for depraved indifference murder. He also argued certain items of physical evidence should have been suppressed, and that he had ineffective legal representation.
In 2011, the Appellate Division rejected Barboni's claims and unanimously affirmed his conviction.
The Court of Appeals granted his application for an appeal. The high court later ruled Barboni's state of mind was one of "utter disregard for the value of human life" and that his "failure, over some two hours, to seek medical attention for the child...turned a brutal assault into a brutal prolonged course of conduct against a particularly vulnerable victim."
District Attorney Greg Oakes, who prosecuted the case along with then-Chief Assistant District Attorney Donald Todd says he is relieved by the court's decision. "Although I am pleased with the Court's decision to affirm the conviction, there is no celebration. At the end of the day, an innocent boy lost his life and unfortunately we cannot undo that senseless loss."