2 No. 111
The People &c.,
Respondent-Appellant,
v.
Theodore Johnson,
Appellant-Respondent.
_________________________________________________________________
2000 NY Int. 116
October 26, 2000
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Rachel Alstein, for appellant-respondent.
John M. Castellano, for respondent-appellant.
Pace Women's Justice Center; New York State Association of Criminal
Defense Lawyers, amici curić.
_________________________________________________________________
WESLEY
, J.:
On March 7, 1997, defendant Theodore Johnson violently attacked his
ex-girlfriend Vanessa Parker as she walked home from the supermarket
with her three daughters. Defendant approached Parker and struck her
in the back of the head, knocking her against a fence. The baby
carriage Parker was wheeling, carrying their child, was also knocked
over. Parker's two older children, 7 and 12 years old, immediately
began to cry. Defendant yelled and cursed at Parker about previously
putting him in jail (Parker already had an order of protection against
defendant in connection with a prior harassment incident). He grabbed
her by the back of the neck, dragged her to her apartment entrance,
ordered her to unlock the apartment and knocked her head against the
door.
Parker's 12-year-old daughter picked up the baby carriage and the
children followed them inside. Once inside, defendant pushed Parker up
the steps into the apartment, again causing her to fall. He continued
his cursing, telling her that he would "leave (her) in the house for
dead" and then she would "see how (her) children would like being
motherless." After entering the apartment, the children went directly
to their bedroom. Defendant followed Parker into the living room, and
continued to beat her with his hands, feet and a metal pipe. Defendant
also threw cups, plates and glasses at the walls and at Parker. He
SNIPPETS:
On March 7, 1997, defendant Theodore Johnson violently attacked his ex-girlfriend Vanessa
He grabbed her by the back of the neck, dragged her to her apartment entrance, ordered her to
He continued his verbal abuse, cursing and yelling at Parker for calling the police about
After a nonjury trial, defendant was convicted of two counts of endangering the welfare of a
Supreme Court sentenced defendant as a second felony offender.
The Appellate Division modified the judgment by reversing defendant's convictions for
A Judge of this Court granted both the People and defendant leave to appeal.
we are asked to determine whether the evidence was legally sufficient to support defendant's
Penal Law § 260.10provides that a person endangers the welfare of a child when "e knowingly
Actual harm to the child need not result for criminal liability; it is "sufficient that the
Nothing in the statute restricts its application solely to harmful conduct directed at
We reject defendant's contention that applying the statute to conduct not specifically
The adverse effects of domestic violence on children have been well documented over the past
Here, the children saw defendant approach their mother and strike her down in the street,
We reiterate, however, that each case is fact specific (see, People v West, 271 AD2d 806;
Accordingly, the order of the Appellate Division should be modified in accordance with the
Several social science and psychological studies have noted the profound adverse effect on
Psychol.
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