It happened on Fair Oaks Road just before 8 p.m. Sunday in Wallkill.
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Responding officers say that 40-year-old Yaw Assad was found alongside the pool in the grass.
They were rushed to Garnet Health Medical Center.
The child was pronounced dead. Assad is in critical condition.
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There is an ongoing investigation by the Town of Wallkill Detectives with assistance from the New York State Police.
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