In People v. Duenas, 98 NY2d 586, 780 N.E.2d 181, 750 N.Y.S.2d 580 (2002), the defendant lived with his 11 year-old brother.
The defendant purchased a gun illegally, and wrapped it in rags, put it "inside a stereo speaker hidden in a closet behind various items of clothing and bags." Id. at 590.
The defendant was unaware that his brother had looked through a crack in the bedroom door, and had seen the defendant "cleaning what appeared to be a gun." Id.
Several months later, defendant's brother, searched for "about an hour" and found the gun.
The defendant's brother and a friend then played with the gun. It accidentally discharged and killed the friend.
The Court of Appeals reversed the defendant's conviction for endangering the welfare of a child.