People v. Scavone

—Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of assault in the first degree (Penal Law § 120.10 [1]), assault in the second degree (Penal Law § 120.05 [9]), and endangering the welfare of a child (Penal Law § 260.10 [1]), arising out of first and second degree burns sustained by her 15-month-old daughter when defendant placed her on a heated radiator in defendant’s apartment. Contrary to defendant’s contention, the count of the indictment charging assault in the second degree was not an inclusory *929concurrent count of the count charging assault in…