People v. Galatro

OPINION OF THE COURT

Francis X. Egitto, J.

The defendants are charged with reckless endangerment in *55the second degree arising out of a physical altercation with the victim James Kasemeiski, which escalated into tragic consequences. They now move to dismiss the indictment on the ground that the evidence presented to the Grand Jury is not legally sufficient. The primary issue which must be determined by this court is whether a person who causes injury to another has a legal duty to render aid or minimize the risk of further injury where there are others in the immediate vicinity who are willing…