| People v Mears |
| 2025 NY Slip Op 00881 [235 AD3d 779] |
| February 13, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Stephen Mears, Appellant. |
Matthew W. Brissenden, P.C., Garden City, NY, for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Shiry Gaash and Marion Tang of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Timothy P. Mazzei, J.), rendered January 10, 2024, convicting him of endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
For his actions during a physical altercation between himself and the child of his former girlfriend, the defendant was convicted of endangering the welfare of a child.
The trial court properly declined to charge the jury with the defense of justification for the crime of endangering the welfare of a child, the intent of which "is to protect the physical health, morals and well-being of children" (People v Bergerson, 17 NY2d 398, 401 [1966]), and to which the defense of justification generally does not apply (see People v Williams, 102 AD3d 566, 567 [2013]; People v Varela, 164 AD2d 924, 924 [1990]; People v Fields, 134 AD2d 365, 365-366 [1987]). Moreover, there was no reasonable view of the evidence, viewed in a light most favorable to the defendant, that supported a justification defense (see People v Williams, 102 AD3d at 567).
The defendant's remaining contentions either are without merit or need not be reached in light of our determination. Iannacci, J.P., Christopher, Wan and Love, JJ., concur.