IN THE MATTER OF CHARLES H.


9 A.D.3d 316 (2004)

780 N.Y.S.2d 13

In the Matter of JUSTIN CHARLES H., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

July 22, 2004.


The finding that appellant committed acts constituting the crime of reckless endangerment in the second degree was based on appellant's admission that, in "horsing around" at 2:30 A.M. on the southbound A train platform of the 14th Street station, he threw pennies at a subway train and struck the conductor, "accidentally hit[ting] him in the face." Apparently, appellant, 14 years of age, did not see the conductor before he threw the pennies. On its own inquiry, the court...

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