THE PEOPLE &C., RESPONDENT, v. JOEL STEINBERG, A/K/A JOEL BARNET STEINBERG,
APPELLANT.
79 N.Y.2d 673, 595 N.E.2d 845, 584 N.Y.S.2d 770 (1992).
June 11, 1992
1 No. 100
Decided June 11, 1992
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Perry S. Reich, for Appellant.
Mark Dwyer, for Respondent.
KAYE, J.:
Defendant's appeal from a conviction of first degree manslaughter,
involving the death of six-year-old Lisa Steinberg, centers on his
contention that only a person with medical expertise can form the
requisite intent to cause serious physical injury to a child by
failing to obtain medical care. We conclude that this contention, as
well as the several others defendant advances, lack merit, and that
the Appellate Division order sustaining the conviction should be
affirmed.
I.
In the evening of November 1, 1987, defendant and Hedda Nussbaum were
at home in their one-bedroom Greenwich Village apartment, with their
two "adopted" children, Lisa, then six years old, and Mitchell, 16
months old. Nussbaum was in the kitchen with Lisa while defendant
dressed in the bedroom for his dinner appointment with a friend. Lisa
went into the bedroom to ask defendant to take her with him. Moments
later, defendant carried Lisa's limp body out to Nussbaum, who was
then in the bathroom, and they laid the child on the bathroom floor.
Lisa was unconscious, having experienced blunt head trauma of great
force, and her breathing was raspy. According to Nussbaum, defendant
later admitted that he had "knocked (Lisa) down and she didn't want to
get up again."
While Nussbaum attempted to revive Lisa, defendant continued dressing.
Defendant told Nussbaum to let her sleep, promised to awaken the child
upon his return, and then left for dinner. Nussbaum did not seek
medical care for Lisa because she believed defendant had supernatural
SNIPPETS:
Defendant's appeal from a conviction of first degree manslaughter, involving the death of
We conclude that this contention, as well as the several others defendant advances, lack
Nussbaum was in the kitchen with Lisa while defendant dressed in the bedroom for his dinner
Lisa was unconscious, having experienced blunt head trauma of great force, and her breathing
In fact, the doctors determined that Lisa, who was in a coma, was suffering from severe head
We find no error and accordingly also affirm.
The People's theory, as charged to the jury, was that defendant performed both acts of
Defendant contends that failure to obtain medical care for a child cannot, as a matter of
The Penal Law provides that criminal liability may be based on an omission, which is defined
Thus, a parent's failure to fulfill that duty can form the basis of a homicide charge (see,
By contrast, a person acts knowingly when there is an awareness that a particular element of
Certainly there are situations where the need for prompt medical attention would be obvious
In undertaking this review, the evidence must be viewed in a light most favorable to the
The medical testimony, including Lisa's treating physicians and the post- mortem examination,
Thus, the jury could have inferred from the evidence that defendant's objective in assaulting
The corroboration must be independent of, and may not draw its weight and probative value
Defense counsel suggested that the court simply respond in the negative, but the trial court,
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