People v. Omwathath

*42OPINION OF THE COURT

Memorandum.

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

On September 24, 2009, the People charged defendant with attempted endangering the welfare of a child (Penal Law §§ 110.00; 260.10 [1]). According to the People’s witnesses at a nonjury trial, defendant, a school bus driver, had entered the school building to report for work in what, school officials suspected, was a state of intoxication. Defendant was escorted to a principal’s office. His eyes were red and watery, there was an odor of an alcoholic…