People v. Buscemi

Defendant, a 16-year-old mandatory youthful offender, was charged under a two count misdemeanor information with unlawful imprisonment in the second degree, and endangering the welfare of a child, in violation of sections 135.05 and 260.10 of the Penal Law, respectively. A nonjury trial was conducted by this court as mandated by CPL 340.40 (subd 7). At the close of the People’s case, defendant’s motion to dismiss the count alleging the crime of endangering the welfare of a child was granted, the People having failed to make out a prima facie case against the defendant.

The evidence is…