PEOPLE v. VARGAS (2005)

Appeals by defendant, as limited by his brief, from a judgment of the Criminal Court, Queens County (D. Modica, J.), rendered on March 3, 2003, convicting him of attempted assault in the third degree (Penal Law §§ 110.00, 120.00[1] ), attempted endangering the welfare of a child (Penal Law §§ 110.00, 260.10[1] ) and harassment in the second degree (Penal Law § 240.26[1] ), and imposing sentence, and from a judgment of the same court, rendered March 3, 2003, convicting him, upon his plea of guilty, of harassment in the second degree (Penal Law § 240.26) and imposing sentence.

Judgments of conviction unanimously affirmed.

 The defendant contends that any attempt to endanger the welfare of a child is legally impossible.   Where a penal statute imposes strict liability for committing certain conduct, an attempt is legally cognizable, since one can attempt to engage in conduct (People v. Prescott, 95 N.Y.2d 655, 659, 722 N.Y.S.2d 778, 745 N.E.2d 1000 [2001] ).   Contrary to defendant's contention, the crime of endangering the welfare of a child proscribes particular conduct-the knowing acts likely to be injurious to the welfare of a child.   Thus, the crime of attempted endangering the welfare of a child is not a legal impossibility.

Defendant's remaining contentions are either unpreserved for appellate review or do not warrant reversal.