People v. Martinez

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The People failed to prove the elements of reckless endangerment in the first degree. "A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person” (Penal Law § 120.25). The proof shows that defendant, armed with a loaded shotgun, held his child hostage in an upstairs bedroom and threatened to shoot the child and himself…