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ATTORNEY TO SEEK REVIEW OF FATAL NEGLIGENCE CASE

The woman charged with recklessly suffocating a 17-month-old Buffalo boy by accidentally falling asleep on him in a drunken stupor four months ago didn't do anything criminally blameworthy, her attorney said Monday.

Joseph J. Terranova said Martha K. Tucker, 20, is wrongly being prosecuted for failing to see the sleeping Chance Goforth after she fell asleep on his mother's "cluttered" West Avenue couch on May 8.

Terranova said he will ask State Supreme Court Justice Russell P. Buscaglia next week to review transcripts of the grand jury proceedings in which the Dewitt Street woman was indicted on a single count of criminally negligent homicide.

Ms. Tucker has been in the Erie County Holding Center in lieu of $5,000 bail since her arraignment in late June.

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