Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 12

Criminal Liability. During the morning rush hour, David Green threw bottles and plates from a twenty-sixth-floor hotel balcony overlooking Seventh Avenue in New York City. A video of the incident also showed him doing cartwheels while holding a beer bottle and sprinting toward the balcony while holding a glass steadily in his hand. He suspended his antics when he saw police on the street below and on the roof of the building across the street and resumed tossing objects off the balcony after the police left. He later admitted that he could recall what he had done, but claimed to have been intoxicated and that his only purpose had been to amuse himself and his friends. Did Green have the mental state required to establish criminal liability? Discuss. [ State of New York v. Green, 104 A.D.3d 126, 958 N.Y.S.2d 138 (N.Y.A.D. 1 Dept. 2013)] (See Criminal Liability.)