Knapik v. Ashcroft, 384 F.3d 84 (3d Cir. Sept. 17, 2004) (New York conviction of attempted reckless endangerment in the first degree, in violation of New York Penal Law 120.25, does not constitutes a crime of moral turpitude for deportation purposes, since a person cannot intend to commit a criminally reckless act, and the "crime of attempted reckless endangerment is nonexistent since it is a non-intent offense."), citing People v. Trepanier, 84 A.D.2d 374, 380, 446 N.Y.S.2d 829 (N.Y.App.Div.1982) (affirming the lower court's decision to dismiss the indictment as to this charge).
jurisdiction:
Third Circuit