People v. Hogle

18 Misc. 3d 715
CourtCriminal Court of the City of New York
DecidedDecember 31, 2007
StatusPublished
Cited by2 cases

This text of 18 Misc. 3d 715 (People v. Hogle) is published on Counsel Stack Legal Research, covering Criminal Court of the City of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hogle, 18 Misc. 3d 715 (N.Y. Super. Ct. 2007).

Opinion

OPINION OF THE COURT

Robert M. Mandelbaum, J.

When an adult defendant enters into a sexual relationship with an underage teenager in Virginia, travels with the minor across state lines as she runs away from home, and thereafter suffers the child to sleep in squalor in a New York City bus terminal, has the defendant committed a cognizable crime in New York?

Charged by information with endangering the welfare of a child, defendant moves to dismiss the accusatory instrument on two grounds — facial insufficiency and want of geographical jurisdiction. This court previously rendered an oral decision denying defendant’s motion in both respects; this opinion serves to explain the basis for the court’s prior ruling.

The information alleges that on August 12, 2007, 16-year-old Felicia F. “r[a]n away from [her mother’s] home in Fairfax County, Virginia, with defendant.”1 Two days later, a police officer found Felicia “sleeping inside the Port Authority Bus Terminal wearing ripped pants.” The officer, who observed that Felicia had “dirty hair, dirty feet, and a strong body odor,” saw defendant “approach” Felicia inside the bus terminal. Defendant, who is 23 years old, admitted to the officer, “Felicia is my girlfriend. She’s sixteen. We came here from Virginia. We came [717]*717here to see my family. We ran away together. We had sex twice at her mother’s house.”2

In order to be sufficient on its face, an information must provide reasonable cause to believe that the defendant has committed the offense charged3 and contain nonhearsay allegations that, if true, establish every element of the offense and its commission by the defendant (see CPL 100.40 [1] [b], [c]). In other words, the information must contain factual allegations that would, if true, make out a prima facie, or legally sufficient, case (see People v Alejandro, 70 NY2d 133, 137, 139 [1987]; see also CPL 70.10 [1] [“ (Legally sufficient evidence” defined as “competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant’s commission thereof’]).

In assessing whether evidence is legally sufficient to establish guilt of a charged crime, a court must determine “whether the evidence, viewed in the light most favorable to the People, could lead a rational trier of fact to conclude that the elements of the crime ha[ve] been proven beyond a reasonable doubt” (People v Cabey, 85 NY2d 417, 420 [1995] [citations omitted]). In making that assessment, the court “must determine whether there is any valid line of reasoning and permissible inferences which could lead a rational person” to that conclusion (People v Bleakley, 69 NY2d 490, 495 [1987]). Thus, in analyzing the facial sufficiency of an information, the court must consider whether both the alleged facts and the reasonable inferences to be drawn from those facts, viewed in the light most favorable to the People, would, if true, establish every element of the crime charged. And of course, “[s]o long as the factual allegations of [718]*718an information give an accused notice sufficient to prepare a defense and are adequately detailed to prevent a defendant from being tried twice for the same offense, they should be given a fair and not overly restrictive or technical reading” (People v Casey, 95 NY2d 354, 360 [2000] [citations omitted]).

Judged by these standards, the information is facially sufficient.

A person is guilty of endangering the welfare of a child when he “knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old” (Penal Law § 260.10 [1]). “Actual harm to the child need not result for criminal liability” (People v Johnson, 95 NY2d 368, 371 [2000]). Rather, it is “sufficient that the defendant act in a manner which is likely to result in harm to the child, knowing of the likelihood of such harm coming to the child” (People v Simmons, 92 NY2d 829, 830 [1998] [citation omitted]).4 Thus, endangering the welfare of a child is defined “by conduct which a defendant knows will present a ‘likelihood’ of harm to a child (i.e., with an awareness of the potential for harm)” (Johnson, 95 NY2d at 372). “In short, ‘a defendant must simply be aware that the conduct may likely result in harm to a child’ ” (People v Hitchcock, 98 NY2d 586, 591 [2002], quoting Johnson, 95 NY2d at 372).

Defendant asserts that the “only allegations” in support of the charge against him are that Felicia “had dirty hair and feet and had strong body odor.” Noting the absence of any allegation either that defendant “forced or coerced [Felicia] into coming to New York or to stay with him in New York,” or that defendant “forced or caused [her] to be dirty,” defendant contends that the information is insufficient on its face. But defendant’s incomplete recitation of the facts ignores not only the remainder of the allegations, but also, more importantly, their context (cf. People v Tichenor, 89 NY2d 769, 776 [1997] [proper assessment of the sufficiency of evidence of disorderly conduct requires that the allegations be analyzed in the context of “the whole incident — all the connected frames”]).

Endangering the welfare of a child may be characterized as a continuing offense over a period of time (see Simmons, 92 NY2d at 831; People v Keindl, 68 NY2d 410, 421 [1986]), “made up of [719]*719a continuity of acts or of omissions, neither of which may be enough by itself, but each of which comes in with all the rest to do the harm and make the offense” (Cowley v People, 83 NY 464, 472 [1881]). Here, defendant is alleged to have had sex with an underage teenager, abetted her in running away from her legal guardian, and brought her to a strange city where they apparently had no safe lodging. These actions, individually and collectively, were plainly likely to cause the child harm.

That defendant may not have coerced the minor child into running away with him is of no moment. A “minor,” or “infant,” is defined by statute as a person under the age of 18 years (see CPLR 105 [j]; Domestic Relations Law § 2), and “[fit is the policy of the law to look after the interests of infants, who are considered incapable of looking after their own affairs, to protect them from their own folly and improvidence, and to prevent adults from taking advantage of them” (City of New York v Stringfellow’s of N.Y., 253 AD2d 110, 120 [1st Dept 1999]). It is, moreover, the public policy of New York to discourage runaways and to return them to their parents (see Family Ct Act § 712 [a] [person in need of supervision]; § 718 [return of runaway]). Thus, although at the pleading stage it may not be clear whether this 23-year-old defendant lured, or enticed, or encouraged, or simply enabled Felicia to run away from her mother’s home (cf. People v Henderson, 92 NY2d 677, 680-681 [1999] [in assault case, full extent of physical injury may not be known at pleading stage; information held facially sufficient]), his conduct was equally likely to be injurious to Felicia’s welfare, regardless of the degree of sway exercised by him. After all, “it is conclusively presumed that infants do not have the mental capacity and discretion to protect themselves from the artful designs of adults” (Stringfellow’s, 253 AD2d at 120).

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Bluebook (online)
18 Misc. 3d 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hogle-nycrimct-2007.