PEOPLE v. FEINGOLD (2005)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Larry FEINGOLD, Defendant-Appellant.

Decided: October 06, 2005

BUCKLEY, P.J., FRIEDMAN, SULLIVAN, NARDELLI, JJ.

Rochman Platzer Fallick Sternheim Luca & Pearl, LLP, New York (Barry M. Fallick of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Patricia Curran of counsel), for respondent.

Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered November 18, 2004, convicting defendant, after a nonjury trial, of reckless endangerment in the first degree, and sentencing him to a term of 5 years' probation, unanimously affirmed.

The verdict was based on legally sufficient evidence. Defendant engaged in conduct that created the obvious danger of a major gas explosion in an occupied apartment building. The court properly found that this conduct satisfied the elements of first-degree reckless endangerment (see Penal Law § 120.25; People v. Register, 60 N.Y.2d 270, 469 N.Y.S.2d 599, 457 N.E.2d 704 [1983] ). Reckless endangerment does not require a showing of extreme wickedness or abject moral deficiency on the part of the perpetrator (see e.g. People v. Narimanbekov, 258 A.D.2d 417, 686 N.Y.S.2d 382 [1999] ).

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