In re Riffin

Respondent, a 10-year-old boy, injured petitioner’s daughter, age 12, when he shot a bobby pin from a rubber band and struck the girl’s right eye. The girl was hospitalized for seven days and then required out-patient treatment for a number of weeks.

The Corporation Counsel in presenting the case proceeded on the theory that respondent recklessly caused the victim’s injury (Penal Law, § 120.00, subd. 2). The burden is on the Corporation Counsel to show that the respondent did in fact fulfill every element of the allegations.

Subdivision 3 of section 15.05 of the Penal Law defines the culpable…