People v. Wade

—Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered June 24, 1994, convicting defendant, after a nonjury trial, of assault in the second degree and endangering the welfare of a child, and sentencing him to concurrent terms of 5 years probation and 4 months of intermittent imprisonment, is unanimously affirmed.

Defendant was charged with assault in the second degree, pursuant to Penal Law § 120.05 (2), in that he allegedly struck his five-year-old daughter on the back, over her clothing, with the wire handle of a flyswatter allegedly a "dangerous instrument.” A "dangerous…