People v. Simmons

The People had to prove beyond a reasonable doubt that appellant’s lewd questions directed at a 23-month-old girl were likely to be injurious to her (see, Penal Law § 260.10 [1]). Because the People did not present any proof on this issue, they failed to present a legally sufficient case, and I respectfully dissent. There is simply nothing in the record from which the jury could have concluded that this very young girl was likely to be harmed. The evidence was clear that this 23-month old did not understand the questions, and the People substantiated no other likely harm to this child’s…