ALBANY – A man found sleeping in a Brooklyn apartment where cocaine was discovered cannot be convicted of unlawfully dealing with a child because he had no control over the three children who were present, a divided state Court of Appeals held Tuesday.
The majority of the 4-3 court said the charge of unlawfully dealing with a child, Penal Law §260.20(1), requires a finding that the defendant had power or control over youngsters found in a potentially dangerous place, not merely had knowledge about the presence of the minors.
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