People v. Leonel A.

OPINION OF THE COURT

Arlene D. Goldberg, J.

The following sets forth the reasons for this court’s order denying the defendants’ motions for dismissal and transfer of the criminal action to the Family Court.

The defendants were arrested on October 20, 1993 and charged under Penal Law § 260.10 (1) with endangering the welfare of a child — their infant daughter, Kayle.

The relevant portion of the criminal court complaint reads as follows:

"Deponent [Detective Robert Fox] is informed by Elizabeth Watkins, M.D. of Saint Luke’s Hospital that she examined Kayle A., a child, 56 days old on September 5, 6,…