People v. Afia

OPINION OF THE COURT

Michael Gerstein, J.

*735The evidence in this case, tried to the court, proved beyond any doubt that defendant, a school bus attendant whose sole job was to supervise no more than 12 children, left the then seven-year-old complainant asleep on the bus. He remained there while the bus was driven halfway across Brooklyn, and parked. The issue in this case is whether these facts are sufficient to convict the defendant of attempted endangering the welfare of a child (Penal Law §§ 110.00, 260.10), a class B misdemeanor, without direct proof that defendant intended to endanger the…