People v. Finneran

OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is modified, on the law and as a matter of discretion in the interest of justice, by *36vacating the conviction of endangering the welfare of a child and dismissing the count of the accusatory instrument charging that offense; as so modified, the judgment of conviction is affirmed.

Defendant was charged with endangering the welfare of a child (Penal Law § 260.10 [1]) and harassment in the second degree (Penal Law § 240.26 [1]).

The facts adduced at a jury trial established that defendant was a coach of a youth football team of…