Decided On : 6/14/2016
AD1 order dated November 6, 2014, affirming judgment of conviction. Decision below: 122 AD3d 414, 995 NYS2d 70. Rivera, J., granted leave April 2, 2015. To be argued May 5, 2016.
ISSUE PRESENTED: Whether a conviction for unlawful dealing with a child under Penal Law 260.20 (1) can stand when culpability is based solely on the defendant’s failure to act, and the defendant has no legal duty to the child. (Assigned counsel: Barbara Zolot and Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)