PEOPLE v. DUHS

No. 59.

16 N.Y.3d 405 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DUHS, Appellant.

Court of Appeals of New York.

Decided March 29, 2011.


Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Erin R. Collins and Lynn W.L. Fahey of counsel), for appellant.

Daniel M. Donovan, Jr. , District Attorney, Staten Island ( Anne Grady and Morrie I. Kleinbart of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.


OPINION OF THE COURT

PIGOTT, J.

Defendant, who was babysitting his girlfriend's three-year-old son, allegedly placed the child's feet and lower legs into a tub filled with scalding hot water, resulting in second and third degree burns. When the child's mother returned home approximately five hours later, defendant and the mother took the child to the hospital, where he was examined and treated by an emergency room pediatrician.

At trial, the court...

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