People v. D'AMBROSIA

KAREN MORRIS, J. Defendant is charged with two counts of driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]), speeding (Vehicle and Traffic Law § 1180 [d]), no insurance (Vehicle and Traffic Law § 319 [1]), and endangering the welfare of a child (Penal Law § 260.10). At the time of the arrest defendant's four-year-old son was a passenger in the vehicle defendant was driving. The defendant has moved to dismiss the charge of endangering the welfare of a child based on People v Chase (186 Misc 2d 487 [App Term 2000], lv denied 95 NY2d 962 [2000]). In that case defendant was convicted of endangering the welfare of a child, driving while impaired, failing to dim high beams, and failing to stay in the traffic lane. The court reversed the passenger. I further find that the likelihood of such an accident is sufficient to support the charge of endangering the welfare of a child. I therefore deny defendant's motion to dismiss.