In People v. Heslop, 48 AD3d 190 (3rd Dept. 2007), the Appellate Division opined, "offenders who inflict shallow wounds or burns on a child, disregarding the grave risk of disfigurement but not necessarily death . . . might not be liable for creating a substantial and unjustified risk of death . . . ." (Heslop, 48 AD3d at 195-96.)