Corliss is a self-described " BASE jumper ," or someone who parachutes from buildings, antenna, span (bridges), and earth (cliff sides). On April 27, 2006, he entered the Empire State Building dressed in a "fat suit." Under his disguise he wore a jumpsuit, a parachute, and a helmet complete with an internal camera. Upon arriving at the 86th floor, Corliss disrobed and scrambled up the security fence surrounding the observation deck and managed to reach the building's outer ledge. Security guards wrestled with Corliss, and eventually handcuffed him to a rail until he could be arrested.
Once apprehended, Corliss was indicted for reckless endangerment in the first degree.
Corliss explained that parachuting off the Empire State Building was a "long-term dream" planned over the course of a decade. He claimed his stunt was well researched and that he had studied traffic lights so that his jump would be timed to avoid a collision with the vehicles on the street below.
Although his plot was "dangerous and ill-conceived," the New York County Supreme Court granted Corliss' motion to dismiss the case holding that his conduct lacked the "moral depravity or wickedness" that was required for the crime charged. On appeal, the Appellate Division, First Department, disagreed.
Although the Assistant District Attorney used the wrong standard to explain "reckless endangerment in the first degree," therefore impairing the integrity of the jury charge, the AD1 didn't believe that error required the case's dismissal. Instead, Corliss should have been charged with a lesser offense -- "reckless endangerment in the second degree."
The AD1 was of the opinion that Corliss' actions were sufficiently reckless, even absent any actual harm.
According to Penal Law 120.20, "reckless endangerment in the second degree" entails:
Recklessly engaging in conduct which creates a substantial risk of serious physical injury to another person. A person acts recklessly when he or she is aware of and consciously disregards a substantial and unjustifiable risk, and that risk is of such nature and degree that disregarding it is a gross deviation from the standard conduct that a reasonable person would observe in the situation.
By climbing the security fence, Corliss not only put his own life in danger, but also the lives of security personnel, pedestrians, drivers, and any bystanders. Even a falling object dislodged by the struggle could have become a "lethal projectile" to anyone below.
As a result, the AD1 reinstated the indictment and remanded the case to the Supreme Court to consider the reduced charge of second-degree reckless endangerment.
As Grandma would always say, "Dreemma big, ma no dreemma schhhtupida!"
To download a copy of the Appellate Division's decision, please use this link: People v. Corliss