The People of the State of New York, Respondent v. James Galatro and John Schmidt, Appellants

Summary

The Court of Appeals affirmed the Appellate Division, holding that the Grand Jury evidence was legally sufficient to support an indictment for second-degree reckless endangerment and that the failure to indict on assault counts did not render the reckless endangerment charge inconsistent. The majority reasoned that the defendants' act of leaving an unconscious victim on a busy roadway created a substantial risk of serious injury. A dissent argued that, given the immediate assistance rendered by bystanders, no substantial risk existed and the indictment should have been dismissed.