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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDOLPH VARGAS, Appellant.

OPINION OF THE COURT

MEMORANDUM.

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 NY2d 655, 659). 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.

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PEOPLE v. VARGAS
(Jun 7, 2005)