In People v. Lowe, 47 Misc 3d 843, 1 N.Y.S.3d 756 (Crim Ct NY County 2015) the defendant, although he remained in the children's physical presence, constructively abandoned them because he was passed out drunk on a bench on a street in upper Manhattan while the children were supposed to be under his care. 47 Misc 3d at 843, 1 N.Y.S.3d at 756. The Court had little difficulty concluding that these "appalling" facts made out a prima facie case of child endangerment, noting that: "the combination of small children, adults and drugs or alcohol is a dangerous one, indeed. " Id.