Cardona, P. J.
After his indictment on charges of attempted rape in the first degree and endangering the welfare of a child, defendant waived his right to a jury trial and, following a bench trial, was convicted solely of endangering the welfare of a child. On this appeal, it appears that County Court did not apply the proper burden of proof in convicting defendant. While "in a bench trial, it is presumed that the Judge sitting as the trier of fact made his decision...
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