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Appellate court hears arguments over sufficiency of evidence on child endangerment and neglect counts
Summary
Appellate counsel argued the evidence was insufficient as to aggravated child endangerment and neglect counts, saying some injuries would not have been apparent to a competent caretaker; the State urged the record provided a rational basis for convictions on all counts.
Argument also addressed whether the evidence was sufficient to sustain convictions on counts charging aggravated child endangerment and aggravated child neglect.
Appellate Division attorney for Rebecca Davis told the panel that, while the defense had conceded sufficiency as to count 1 for the purposes of argument, the proof "is especially insufficient as to counts 3 and 4 because the proof was undisputed at trial that those injuries were not apparent, that the rib injuries and the leg injuries would not…
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