People v. Gonzalez

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered April 26, 2010, convicting him of endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the County Court, Orange County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The indictment charged the defendant with two counts of criminal sexual act in the third degree, one count of incest in the third degree, and one count of…