It happened on Fair Oaks Road just before 8 p.m. Sunday in Wallkill.
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.
There is an ongoing investigation by the Town of Wallkill Detectives with assistance from the New York State Police.
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