Appellate Division of the Supreme Court of the State of New York June 24, 2004 (People v. Tompkins)

Mercure, J.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered September 20, 2002, upon a verdict convicting defendant of the crimes of assault in the second degree and endangering the welfare of a child.

Defendant was charged in an indictment with assault in the second degree and endangering the welfare of a child after injuring his five-month-old daughter.