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PEOPLE v. HOSUE

No. 2014-66 KCR.

56 Misc.3d 51 (2017)

56 N.Y.S.3d 764

2017 NY Slip Op 27154

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINSTON HOSUE, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided May 2, 2017.

Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York City ( Elizabeth Budnitz of counsel), for appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Leonard Joblove , Ann Bordley and Terrence F. Heller of counsel), for respondent.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is modified, on the facts, by vacating the conviction of attempted endangering the welfare of a child and dismissing the count of the accusatory instrument charging that offense; as so modified, the judgment of conviction is affirmed.

Defendant was initially charged in a misdemeanor complaint dated August 5, 2012, with assault in the third degree (Penal Law § 120.00 ...

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