[*1]
People v Puco (Frank)
2004 NY Slip Op 51187(U)
Decided on October 14, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
2003-406 D CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

FRANK PUCO, Appellant.


Appeal by defendant from a judgment of the Justice Court, Town of Beekman, Dutchess County (R. Ferris, J.), rendered on January 23, 2003, convicting him of endangering the welfare of a child (Penal Law § 260.10 [1]) and imposing sentence.


Judgment of conviction unanimously affirmed.

Prior to trial, defendant moved, inter alia, to dismiss the accusatory instrument on the ground that it was jurisdictionally defective. The court denied the motion as to the charge of endangering the welfare of a child. Defendant appeals on the sole ground that the court erred in denying his motion to dismiss the information with respect
thereto. Upon a review of the information and the accompanying supporting depositions, it is our opinion that there were sufficient nonhearsay allegations to establish, if true, that defendant knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old (see Penal Law § 260.10 [1]; CPL 100.40 [1]; 100.15). Accordingly, the judgment of conviction is affirmed. [*2]
Decision Date: October 14, 2004