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PEOPLE v. HITCHCOCK

98 N.Y.2d 586 (2002)

780 N.E.2d 181

750 N.Y.S.2d 580

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY HITCHCOCK, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALEX DUENAS, Respondent.

Court of Appeals of the State of New York.

Decided October 24, 2002.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Buffalo (Roger W. Wilcox, Jr., and Paul J. Cambria, Jr., of counsel), for appellant in the first above-entitled action.

Edward M. Sharkey, District Attorney, Little Valley (Lori Pettit Rieman of counsel), for respondent in the first above-entitled action.

William L. Murphy, District Attorney, Staten Island (Paul A. Capofari and Karen F. McGee of counsel), for appellant in the second above-entitled action.

Legal Aid Society Criminal Appeals Bureau, New York City (David Crow and Andrew C. Fine of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

These appeals involve the charge of endangering the welfare of a child as applied in the context of shooting accidents in which a child in the household of a gun owner obtained unauthorized possession of a weapon and inadvertently discharged it, resulting in another child's injury or death. Under Penal Law § 260.10 (1), a person endangers the welfare of a child when "[h]e knowingly acts in a manner likely to be injurious...

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