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PEOPLE v. VARGAS

8 Misc.3d 113 (2005)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. RANDOLPH VARGAS, Appellant.

Supreme Court, Appellate Term, Second Department.

June 7, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Laura R. Johnson and Robert Budner of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Ellen C. Abbot and Michelle Cort of counsel), for respondent.

PESCE, P.J., PATTERSON and BELEN, JJ., concur.

OPINION OF THE COURT

Memorandum.

Judgments of conviction unanimously affirmed.

The defendant contends that any attempt to endanger the welfare of a child is legally impossible. Where a penal statute imposes strict liability for committing certain conduct, an attempt is legally cognizable, since one can attempt to engage in conduct (People v Prescott, 95 N.Y.2d 655

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