People v. Ali

OPINION OF THE COURT

Dynda L. Andrews, J.

Defendant is charged with sexual abuse in the third degree, attempted sodomy in the third degree and endangering the welfare of a child, in connection with events that allegedly occurred on July 20, 1988. On that date, defendant assertedly made 7-, 8- and 11-year-old boys, who are the complaining *544witnesses in this case, touch his penis and fondle their penises.

Prior to commencement of trial in May 1989, defendant moved to dismiss the count of endangering the welfare of a child, an A misdemeanor, asserting that the statute, Penal Law § 260.10 (1), was…