People v. Virapen

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered January 21, 2016, convicting him of criminal obstruction of breathing or blood circulation, endangering the welfare of a child (two counts), and harassment in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law and the facts, by vacating the conviction of harassment in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant’s…