People v. Segool

OPINION OF THE COURT

Eugene W. Salisbury, J.

Defendant brings a motion to dismiss the accusatory instrument essentially arguing that the defendant’s act was intentional, thereby precluding a charge based upon reckless conduct. While the history of prior accusatory instruments alleging intentional conduct by the defendant (assault and menacing) may be interesting, they are not before the court on this motion. Both were dismissed as insufficient. (People v Segool, Just Ct, Vil of Blasdell, May 22, 1991.)

What is before the court is an accusatory instrument charging the defendant with reckless…