A New York woman who was accused of murder and living with her dead baby daughter's body for three months has been released from custody because of a lack of evidence.

Authorities this weekend said they believed 28-year-old Batavia resident Christina Colantonio killed the girl "shortly after birth" about three months ago and charged her with second-degree murder.

But prosecutors Tuesday said the charge required them to prove a live birth occurred. A medical examiner couldn't establish that three months later.

The Genesee (JEN'-uh-see) County district attorney's office says it can't present the case to a grand jury without such evidence and can't keep the woman in jail.

The prosecutor stresses the investigation continues and the murder charge is pending.

The woman's lawyer won't comment.