People v Rodriguez (Eric)

[*1] People v Rodriguez (Eric) 2013 NY Slip Op 51654(U) Decided on October 7, 2013 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 7, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570943/11.

The People of the State of New York, Respondent, - -

against

Eric Rodriguez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Felicia A. Mennin, J.), rendered September 6, 2011, convicting him, upon a plea of guilty, of endangering the welfare of a child, and imposing sentence.

Per Curiam.

Judgment of conviction (Felicia A. Mennin, J.), rendered September 6, 2011, affirmed.

Defendant's present challenge to the facial sufficiency of the accusatory instrument charging child endangerment is lacking in merit. The factual portion of the information alleged, inter alia, that defendant followed the nine-year old female complainant, a neighbor, until she entered the pool area of a public park and stared at her for approximately 15 minutes, when defendant left the scene upon the arrival of the complainant's mother, and that defendant returned to the pool area the next day and again stared at the infant complainant for another 15 minute period, during which time he winked at her and made "a kissing motion with his mouth." These factual allegations were sufficient, for pleading purposes, to establish that defendant knowingly acted in a manner likely to be injurious to the complainant's mental or moral welfare (see generally People v Johnson, 95 NY2d 368, 372 (2000); People v Simmons, 92 NY2d 829, 831 (1998).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: October 07, 2013