Opinion
November 15, 1985
Appeal from the Onondaga County Court, Cunningham, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and Green, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of endangering the welfare of a child (Penal Law § 260.10). The verdict is amply supported by the evidence (see, People v Ahlers, 98 A.D.2d 821). The claim of repugnancy in the verdicts of guilty of endangering the welfare of a child and not guilty of first degree sexual abuse was not preserved for review (see, People v Satloff, 56 N.Y.2d 745, 746; People v Stahl, 53 N.Y.2d 1048, 1050), and is without merit in any event. The elements of each crime are different and the jury could have found that although defendant did not possess the requisite intent for sexual abuse, he did nevertheless act in a manner likely to be injurious to the child's physical, mental or moral welfare (see, People v Tucker, 55 N.Y.2d 1, 6; People v Collins, 92 A.D.2d 740).
The hearing court did not abuse its discretion in finding that defendant's admission was made voluntarily and knowingly (see, North Carolina v Butler, 441 U.S. 369, 373; People v Davis, 55 N.Y.2d 731, 733). We have considered defendant's remaining contentions and find them lacking in merit.