PEOPLE v. MEARS (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Timothy P. Mazzei, J.), rendered January 10, 2024, convicting him of endangering the welfare of a child, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

For his actions during a physical altercation between himself and the child of his former girlfriend, the defendant was convicted of endangering the welfare of a child.

The trial court properly declined to charge the jury with the defense of justification for the crime of endangering the welfare of a child, the intent of which “is to protect the physical health, morals and well-being of children” (People v. Bergerson, 17 N.Y.2d 398, 401), and to which the defense of justification generally does not apply (see People v. Williams, 102 AD3d 566, 567;  People v. Varela, 164 A.D.2d 924, 924;  People v. Fields, 134 A.D.2d 365, 365–366).  Moreover, there was no reasonable view of the evidence, viewed in a light most favorable to the defendant, that supported a justification defense (see People v. Williams, 102 AD3d at 567).

The defendant's remaining contentions either are without merit or need not be reached in light of our determination.

IANNACCI, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.