New York Court of Appeals
The People of the State of New York, Respondent v. Eugene Wong, Appellant; the People of the State of New York…
July 8, 199381 N.Y.2d 600
Summary
The New York Court of Appeals reversed the convictions of Eugene Wong and Mary Wong for second‑degree manslaughter and endangering the welfare of a child because the People failed to prove that the passive defendant knew of the shaking and could have intervened. The Court held that the statutory duty to act requires proof of knowledge, which was absent. Justice Bellacosa, dissenting, would have affirmed the convictions.