YORK, Neb. (AP) — A man granted a second York County trial in the death of his infant daughter has taken a plea deal instead.

Court records say Ryan Kozisek, formerly of Gresham, pleaded no contest Tuesday to attempted child abuse. Prosecutors had lowered the charge and dropped another.

In March the Nebraska Appeals Court said Kozisek should get a retrial because an admission of opinion made by his ex-wife regarding his involvement in the baby’s death was prejudicial. The baby died Jan. 25, 2011, a day after Kozisek called 911 to report she wasn’t breathing.

The plea agreement includes a sentencing recommendation from both parties that Kozisek be given 35-40 years in prison, rather than the 35-50 he previously faced. His sentencing is set for Jan. 9.