New York Court of Appeals

The People of the State of New York, Respondent-Appellant v. Theodore Johnson, Appellant-Respondent

October 26, 200095 N.Y.2d 368

Summary

The Court of Appeals held that a conviction for endangering the welfare of a child is supported when the defendant's conduct creates a likelihood of harm to a child, even if the conduct is not directly aimed at the child. The statute’s language and legislative intent encompass such risk‑based conduct, and the evidence that the children witnessed the violence was sufficient. The Appellate Division's reversal was reversed, the case remanded, and the judgment affirmed as modified.