People v. Rogalski

Centra, J.P., and Lindley, J.

(dissenting). We respectfully dissent and would affirm the order granting that part of defendant’s omnibus motion seeking to dismiss count three of the indictment, charging her with endangering the welfare of a child (Penal Law § 260.10 [1]). “A person is guilty of [that crime] when . . . [h]e or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than [17] years old” (id.). We conclude, and the majority apparently does not dispute, that the evidence before the grand jury, viewed in the light most…