People v. Miller

Wilmeb, J. Patlow, J.

Defendant is charged by the Monroe County Grand Jury with the crime of reckless endangerment in the second degree, a Class A misdemeanor.

A trial was held before this court without a jury, and at the conclusion of the People’s case, defendant moved to dismiss the charge. That motion is the subject matter of this decision.

The statute (Penal Law) under which the defendant is charged reads as follows:

“ § 120.20 Reckless endangerment in the second degree.— A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a…