BROOKLYN - City officials didn?t know about the abuse taking place at Kyle Smith?s apartment before the toddler was killed, according to NYPD Commissioner Ray Kelly.

Police say the 3-year-old had a broken leg and was sodomized before he died Friday, an incident they ruled a homicide. Cops arrested the boy?s godmother, Nymeen Cheatam, and her boyfriend, Lemar Martin, on assault charges.

The pair is being held without bail and is expected in court later this week.

Child services reports that it never received a call about abuse occurring in the Patchen Avenue apartment. Kelly says police paid two visits in the past few months on unrelated incidents, but saw no signs of abuse.

3-year-old's death ruled a homicide