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PEOPLE v. LAWRENCE

2014-1618 S CR

51 Misc.3d 55 (2016)

31 N.Y.S.3d 388

2016 NY Slip Op 26117

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SUSAN P. LAWRENCE, Appellant.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided April 6, 2016.

Attorney(s) appearing for the Case

Feldman & Feldman, Uniondale (James J. O'Rourke, Steven A. Feldman and Arza Feldman of counsel), for appellant.

Thomas J. Spota III, District Attorney, Riverhead (Rosalind C. Gray of counsel), for respondent.

MARANO, P.J., IANNACCI and GARGUILO, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the facts, and the accusatory instrument is dismissed.

Defendant was charged with endangering the welfare of a child (Penal Law § 260.10 [1]). The accusatory instrument provides, in pertinent part, as follows: "THE DEFENDANT, AT NORTHPORT MIDDLE SCHOOL ... ON OR ABOUT APRIL 25, 2013, AT APPROXIMATELY 8:20...

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