Per Curiam
Bus driver Omwathath was convicted of attempted endangering the welfare of a child. He entered the school building to report for work and school officials suspected he was intoxicated, noting his red and watery eyes and an odor of alcohol on his breath. Omwathath was arrested and a chemical test showed a blood alcohol reading of .037, but the instrument indicated the breath sample was inadequate. Defendant contended he took Nyquil for a cold. The Criminal Court convicted defendant. He now challenged the legal sufficiency of the proof that he attempted to endanger the welfare of a child. The unanimous panel agreed the trial evidence was legally insufficient to support the conviction. The panel stated defendant was arrested inside the school building and there was no evidence any child boarded the bus yet. As such, it could not be said Omwathath was at a stage beyond merely preparing to commit the offense charged. The panel noted that whatever defendant’s ultimate intent was, he was not yet in a dangerous proximity to endangering the welfare of a child, thus could not be found guilty of an attempt to commit the offense. Hence, the judgment of conviction was reversed and the accusatory instrument dismissed.
