Opinion
Nos. 2003-586 Q CR, 2003-588 Q CR.
June 7, 2005.
APPEAL from two judgments of the Criminal Court of the City of New York, Queens County (Deborah Stevens Modica, J.), rendered March 3, 2003. The first judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree, attempted endangering the welfare of a child, and harassment in the second degree. The second judgment convicted defendant, upon his plea of guilty, of harassment in the second degree.
Legal Aid Society, New York City ( Laura R. Johnson and Robert Budner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens ( John M. Castellano, Ellen C. Abbot and Michelle Cort of counsel), for respondent.
PESCE, P.J., PATTERSON and BELEN, JJ., concur.
OPINION OF THE COURT
MEMORANDUM.
Judgments of conviction unanimously affirmed.
The defendant contends that any attempt to endanger the welfare of a child is legally impossible. Where a penal statute imposes strict liability for committing certain conduct, an attempt is legally cognizable, since one can attempt to engage in conduct ( People v. Prescott, 95 NY2d 655, 659). Contrary to defendant's contention, the crime of endangering the welfare of a child proscribes particular conduct — the knowing acts likely to be injurious to the welfare of a child. Thus, the crime of attempted endangering the welfare of a child is not a legal impossibility.
Defendant's remaining contentions are either unpreserved for appellate review or do not warrant reversal.