| People v Thomopoulos (Michael) |
| 2008 NY Slip Op 50171(U) [18 Misc 3d 134(A)] |
| Decided on January 29, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 1, 2008; it will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New
York County (Patricia M. Nunez, J.), rendered March 28, 2005, after a nonjury trial, convicting
him of attempted endangering the welfare of a child, and imposing sentence.
PER CURIAM:
Judgment of conviction (Patricia M. Nunez, J.), rendered March 28, 2005, affirmed.
The crime of attempted child endangerment (see Penal Law §§ 110.00/260.10) is not a legal impossibility (see People v Vargas, 8 Misc 3d 113 [2005], lv denied 5 NY3d 795 [2005]). Nor was defendant's conviction for that offense against the weight of the evidence, which included a series of sexually suggestive e-mails concededly sent by defendant to the then 15-year complainant.
The court properly admitted testimony concerning the victim's statements to her music
teacher, since the statements qualified as "prompt outcry" under the circumstances and did not
contain unnecessary or impermissible details (see People v McDaniel, 81 NY2d 10,
16-18 [1993]). Any violation by the prosecutor with respect to the court's Sandoval or
Molineux rulings was harmless in the context of this bench trial and given the
overwhelming evidence of defendant's guilt.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 29, 2008