People v. Costa

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered November 15, 1988, convicting him of endangering the welfare of a child, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

During trial the court issued over objection an order pursuant to CPL article 65 which permitted the alleged victim, then four years old, to testify by use of live two-way closed-circuit television. The court based its determination that the child…