People v. Malone

*745OPINION OF THE COURT

Eileen A. Rakower, J.

Defendant is charged in a misdemeanor information with assault in the third degree (Penal Law § 120.00 [1]), harassment in the second degree (Penal Law § 240.26 [1]), and endangering the welfare of a child (Penal Law § 260.10 [1]). The alleged victims are the defendant’s wife and their four-year-old child. Defendant moves for the dismissal of the assault charge and the endangering the welfare charge pursuant to CPL 170.30, 170.35 (1) (a); 100.40 (1) (a) and 100.15 (3). Defendant argues that the facts stated in the complaint fail to establish all of the…