People v. Lyons

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered January 31, 2011, convicting him of endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

In October 2007, the defendant allegedly hit his daughter (hereinafter the complainant) multiple times on the arms, legs, back, and torso with a metal cane, causing her to sustain linear bruising injuries and a laceration to her forehead. He was charged with assault in the second degree and endangering…