Summary
stating in a memorandum decision that New York's reckless endangerment in the second degree statute is neither unconstitutionally vague nor indefinite
Summary of this case from State v. VitaleOpinion
October 15, 1969
Appeal by defendant from a judgment of the County Court, Suffolk County, rendered January 24, 1969, convicting him of reckless endangerment in the second degree (Penal Law, § 120.20), upon a jury verdict, and imposing sentence. Judgment affirmed. In our opinion, section 120.20 Penal of the Penal Law is not unconstitutionally vague and indefinite (cf. People v. Eckert, 2 N.Y.2d 126). Reversal is not required because of the prosecutor's comments in summation, to which no objections were taken (cf. People v. Lee, 4 A.D.2d 770, affd. 4 N.Y.2d 843, cert. den. 358 U.S. 845; People v. Tuzio, 13 A.D.2d 842, affd. 10 N.Y.2d 1020). Defendant's other contentions have been examined and we find them untenable. Beldock, P.J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.