PEOPLE v. RODRIGUEZ


59 A.D.2d 705 (1977)

The People of the State of New York, Respondent, v. Nilda Rodriguez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 3, 1977


Judgment reversed, on the law, and indictment dismissed.

The facts have been considered and determined not to have been established. The testimony adduced at the trial by the People's witnesses was devoid of any proof that the defendant "knowingly" acted "in a manner likely to be injurious to the physical, mental or moral welfare" (see Penal Law, § 260.10, subd 1) of the 12 and½-year-old girl. Rather, the record reveals that the girl had run away on at least...

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