People v. Lowe

OPINION OF THE COURT

Steven M. Statsinger, J.

Defendant, charged with endangering the welfare of a child, moves to dismiss, arguing that the information is facially insufficient. As a matter of apparent first impression, the court concludes that an information alleging that the defendant was highly intoxicated at a time that he was supposed to be caring for two small children makes out a prima facie case of endangering the welfare of a child under Penal Law § 260.10 (1). Accordingly, defendant’s motion is denied.1

Defendant also moves to suppress certain post-arrest statements; as to that, the…