Opinion
2003-406 DCR.
Decided October 14, 2004.
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) and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
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; CPL 100.40; 100.15). Accordingly, the judgment of conviction is affirmed.