People v. Fielden

In People v. Fielden, 48 Misc 3d 1212[A], 2015 NY Slip Op 51097[U] (Crim Ct NY County 2015) the defendant actually left a five-month-old child unattended, both in a hotel lobby and in her hotel room, for prolonged periods. This Court found that these facts made out a prima facie violation of 260.10(1): While the child was almost certainly too young to crawl away, he was completely incapable of preventing a stranger from abducting him. In addition, because the child is alleged to have been left on the floor of a hotel lobby--a busy place through which hotel guests and staff move frequently, often transporting heavy items, such as luggage--the risk of physical injury to the child was enormous. And, of course, there is a reasonable inference that the defendant knew of these risks when she decided to leave her infant child unattended on the floor of a hotel lobby. 48 Misc 3d at 1212(A).