Appellate Term Dismisses Top Count
Winston Hosue, was charged with assault in the third degree and other crimes in connection with an incident in which he allegedly pushed his wife to the ground in the presence of their daughter. He was convicted of attempted endangering the welfare of a child and harassment in the second degree.
Emphasizing that the incident was brief, that there was no evidence of prior domestic violence between the parties, and that the trial court had dismissed or acquitted appellant of numerous related counts, the Appellate Term held that the verdict convicting appellant of attempted endangering the welfare of a child was against the weight of the evidence.
Former Appellate Advocates attorney Elizabeth Budnitz briefed the appeal, and Kendra Hutchinson argued it in the Appellate Term.