Legal Opinion
People v. Scully
Criminal Court of the City of New York
Decided March 13, 1987PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Bruce Allen, J.
The issue raised in this nonjury trial was as follows: should a parent (here, the father) be held criminally liable for allowing his spouse, a drug addict, to live with and have access to *907their infant daughter during a period of time when the child is being abused? Based on the following analysis, I conclude that the father has committed the offense of endangering the welfare of a child (Penal Law § 260.10 [2]) under these circumstances.
The statute provides, in pertinent part, that a parent of a minor is guilty if he "fails * * * to exercise reasonable…
2Cases cited3 opinions
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- People v. BergersonNew York Court of Appeals · 1966
- In re Alyne E.New York City Family Court · 1982
3Cited by6 opinions
- Williams v. GarcettiCalifornia Supreme Court · 1993
- Ibarra v. Holder, Jr.Court of Appeals for the Tenth Circuit · 2013
- Rafael Diaz-Rodriguez v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021
- People v. PhelpsAppellate Division of the Supreme Court of the State of New York · 2000
- Ibarra v. Holder, Jr.Court of Appeals for the Tenth Circuit · 2013
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