KNAPP, ROBERT M., PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1024 KA 12-01871 PRESENT: SMITH, J.P., PERADOTTO, VALENTINO, WHALEN, AND DEJOSEPH, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V OPINION AND ORDER ROBERT M. KNAPP, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

CHARLES MARANGOLA, MORAVIA, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Cayuga County Court (Mark H.

Fandrich, A.J.), rendered September 25, 2012. The judgment convicted defendant, upon a jury verdict, of endangering the welfare of a child.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, that part of the omnibus motion seeking to suppress defendant’s statements is granted, and a new trial is granted on count two of the indictment.

Same Opinion by PERADOTTO, J. as in People v Knapp ([appeal No. 1] ___ AD3d ___ [Nov. 14, 2014]).

Entered: November 14, 2014 Frances E. Cafarell Clerk of the Court