The infant's body was discovered in the bag of Tiona Rodriguez, 17, who was arrested for shoplifting at the Victoria's Secret location in Herald Square in October. Rodriguez reportedly told officers she had miscarried the fetus, but medical examiners determined the baby died of homicidal asphyxia, and had been alive for less than a day.
Rodriguez, who has a two-year-old son, told the Daily News she had not heard about the ruling and did not know what happened to the infant. "I have no idea what happened. I'm not allowed to speak," she said.
Though Rodriguez was charged with petit larceny and criminal possession of stolen property soon after she was caught, she has not yet been handed any homicide charges.