Opinion
04-28-2016
The PEOPLE of the State of New York, Respondent, v. Alexis MORA, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Ryan P. Mansell of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Arthur H. Hopkirk of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Ryan P. Mansell of counsel), for respondent.
Opinion
Judgment, Supreme Court, Bronx County (Joseph J. Dawson, J.), rendered January 9, 2012, convicting defendant, after a nonjury trial, of attempted forcible touching, attempted endangering the welfare of a child, and sexual abuse in the third degree, and sentencing him to an aggregate term of 15 days and a conditional discharge, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations.
We reject defendant's claim that the superseding information was jurisdictionally defective with regard to the crime of forcible touching. The factual allegations describe conduct that would reasonably satisfy the “low threshold for the forcible component of this crime's actus reus” (People v. Guaman, 22 N.Y.3d 678, 684, 985 N.Y.S.2d 209, 8 N.E.3d 324 [2014] ).
The crime of attempted endangering the welfare of a child is not a legal impossibility, because the underlying crime is not result-based, but instead involves acts that can be attempted (see People v. Vargas, 8 Misc.3d 113, 800 N.Y.S.2d 267 [App.Term, 2d & 11th Jud.Dists.2005], lv. denied 5 N.Y.3d 795, 801 N.Y.S.2d 816, 835 N.E.2d 676 [2005]; People v. Vega, 185 Misc.2d 73, 712 N.Y.S.2d 283 [Crim.Ct., Bronx County 2000]; see also People v. Aponte, 16 N.Y.3d 106, 109, 918 N.Y.S.2d 766, 944 N.E.2d 204 [2011] ). People v. Prescott, 95 N.Y.2d 655, 722 N.Y.S.2d 778, 745 N.E.2d 1000 (2001) is distinguishable because the definition of the crimes at issue in that case did not contemplate an attempted offense.
TOM, J.P., MAZZARELLI, FRIEDMAN, RICHTER, KAHN, JJ., concur.