People v. Bigda

Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted on count two of the indictment. Memorandum: On review of defendant’s appeal from his conviction of endangering the welfare of a child, we reject defendant’s contentions that the verdict was against the weight of the evidence and that his sentence is excessive. We nonetheless reverse as a matter of our discretion in the interest of justice as a result of the variance between the proof and the indictment regarding the alleged time of the incident. Analysis begins with the constitutional…