FILED STATE OF NEW YORK COUNTY OF TIOGA JUL 1 6 COUNTY COURT TIOGA COUNTY COURT CLERK PEOPLE OF THE STATE OF NEW YORK, SUPERIOR COURT (COUNTY) - against - INDICTMENT NO. CODY A. FRANCISCOVICH, 2?0 ?i - GO Defendant, FIRST COUNT THE GRAND JURY OF THE COUNTY OF TIOGA, by this Indictment, accuses the defendant, CODY A. FRANCISCOVICH, of the crime of MURDER IN THE SECOND DEGREE, in violation of Section 125.25, Subdivision 1, of the Penal Law of the State of New York, a Class A-I Felony, committed as follows: The said CODY A. FRANCISCOVICH, on or about the 9th of June 2019, in the County of Tioga and State of New York, with intent to cause the death of another person did cause the death of such person or of a third person, to wit: the said defendant, on the aforesaid date and in the Town of Tioga, in the aforesaid county and state, with intent to cause the death of Ruby Franciscovich, did cause the death of Ruby Franciscovich. SECOND COUNT THE GRAND JURY OF THE COUNTY OF TIOGA, by this Indictment, accuses the defendant, CODY A. FRANCISCOVICH, of the crime of MURDER IN THE SECOND DEGREE, in violation of Section 125.25, Subdivision 4, of the Penal Law of the State of New York, a Class A-I Felony, committed as follows: The said CODY A. FRANCISCOVICH, on or about the 9th of June 2019, in the County of Tioga and State of New York, under circumstances evincing a depraved indifference to human life, and being eighteen years old or more the defendant recklessly engaged in conduct which created a grave risk of serious physical injury or death to another person less than eleven years old and thereby caused the death of such person, to wit: the said defendant, on the aforesaid date and in the Town of Tioga, in the aforesaid county and state, under circumstances evincing a depraved indifference to human life, and being eighteen years old or more the defendant recklessly engaged in conduct which created a grave risk of serious physical injury or death to Ruby ranciscovich, who was less than eleven years old and thereby caused her death. Dated: July 16, 2019 . ioga County District Attorney