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People v. Feingold

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 2005
22 A.D.3d 242 (N.Y. App. Div. 2005)

Opinion

6649.

October 6, 2005.

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered November 18, 2004, convicting defendant, after a nonjury trial, of reckless endangerment in the first degree, and sentencing him to a term of five years' probation, unanimously affirmed.

Rochman Platzer Fallick Sternheim Luca Pearl, LLP, New York (Barry M. Fallick of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Patricia Curran of counsel), for respondent.

Before: Buckley, P.J., Friedman, Sullivan and Nardelli, JJ., Concur.


The verdict was based on legally sufficient evidence. Defendant engaged in conduct that created the obvious danger of a major gas explosion in an occupied apartment building. The court properly found that this conduct satisfied the elements of first-degree reckless endangerment ( see Penal Law § 120.25; People v. Register, 60 NY2d 270). Reckless endangerment does not require a showing of extreme wickedness or abject moral deficiency on the part of the perpetrator ( see e.g. People v. Narimanbekov, 258 AD2d 417).


Summaries of

People v. Feingold

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 2005
22 A.D.3d 242 (N.Y. App. Div. 2005)
Case details for

People v. Feingold

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY FEINGOLD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 6, 2005

Citations

22 A.D.3d 242 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7411
801 N.Y.S.2d 601

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