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People v. Vargas

8 Misc. 3d 113 Court Supreme Court, Appellate Term, Second Department, Decision date 2005-06-07 English

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p. 113
[800 NYS2d 267]
The People of the State of New York, Respondent, v Randolph Vargas, Appellant.
Supreme Court, Appellate Term, Second Department,
June 7, 2005
APPEARANCES OF COUNSEL
Legal Aid Society, New York City (Laura R. Johnson and Robert Budner of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Ellen C. Abbot and Michelle Cort of counsel), for respondent.
p. 114
OPINION OF THE COURT

Memorandum.

Judgments of conviction unanimously affirmed.

The defendant contends that any attempt to endanger the welfare of a child is legally impossible. Where a penal statute imposes strict liability for committing certain conduct, an attempt is legally cognizable, since one can attempt to engage in conduct (People v Prescott, 95 NY2d 655 , 659 [2001]). Contrary to defendant’s contention, the crime of endangering the welfare of a child proscribes particular conduct — the knowing acts likely to be injurious to the welfare of a child. Thus, the crime of attempted endangering the welfare of a child is not a legal impossibility.

Defendant’s remaining contentions are either unpreserved for appellate review or do not warrant reversal.

Pesce, EJ., Patterson and Belen, JJ., concur.

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