In Matter of Mario Y. (75 AD2d 954 [3d Dept 1980]) a juvenile was charged with reckless endangerment because he fired a rifle into a house. The juvenile claimed he could not be convicted of that crime because he believed the house was unoccupied since it was the middle of the day when most people were at work. At the time of the shooting, the home was occupied by two children, their mother and grandmother. His belief, the respondent contended, exculpated him under the mistake-of-fact defense contained in Penal Law 15.20 (1) (a). The Third Department disagreed and held: "Appellant's assumption that the occupants of the residence were at work is not such a mistaken belief of fact as would excuse his conduct. This assumption was not based upon any known fact as to the activities of the occupants of the residence on that day, or upon any observance or investigation of the situation at the residence. Appellant's total disregard of the possibility that someone might be home constituted such a gross disregard of the risk and such a gross deviation from the standard of conduct that a reasonable person would observe in the situation as to constitute reckless endangerment within the meaning of the statute." (Mario Y. at 965 .)