| People v Kanciper |
| 2012 NY Slip Op 07695 [100 AD3d 778] |
| November 14, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MonaKanciper, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.),rendered January 24, 2012, convicting her of endangering the welfare of a child, after a nonjurytrial, and imposing sentence.
Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matteris remitted to the County Court, Suffolk County, for the purpose of entering an order in itsdiscretion pursuant to CPL 160.50.
The defendant was convicted of endangering the welfare of a child after she injected a dogwith a tranquilizer in the presence of a child. Viewed in the light most favorable to the People(see People v Contes, 60 NY2d 620, 621 [1983]), the evidence failed to establish thatwitnessing the injection of the tranquilizer was likely to result in harm to the physical, mental, ormoral welfare of the child (see Penal Law § 260.10 [1]; People vHitchcock, 98 NY2d 586, 590-591 [2002]). There was no evidence demonstrating that thechild was aware, at the time she witnessed the injection, that the defendant intended to euthanizethe dog later that day, or that she was upset by seeing the dog receive the tranquilizer injection.The child was familiar with medical treatments requiring injections, as she had seen her own petdog injected on many occasions to treat his diabetes. Consequently, the evidence supporting thedefendant's conviction was not legally sufficient (see People v Contes, 60 NY2d at 621).
In light of our determination, we need not address the defendant's remaining contentions.Angiolillo, J.P., Lott, Austin and Miller, JJ., concur.