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PEOPLE v. VARGAS
Appellate Term of the Supreme Court of New York.
Jun 7, 2005
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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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