People v. Scott

*41OPINION OF THE COURT

Judgment of conviction rendered June 28, 2005 reversed, on the facts, and the accusatory instrument is dismissed.

Defendant’s conviction of endangering the welfare of a child was against the weight of the evidence, where he was acquitted of the remaining sexual abuse and forcible touching counts, and all of the charges were predicated upon the same prosecution theory that defendant “molested” the complainant by subjecting her to sexual contact (see People v Franco, 11 AD3d 710 [2004]; see also People v Crane, 242 AD2d 783 [1997]; cf. People v Snead, 302 AD2d 268 [2003]…