Which statement best defines recklessness in New York law?

• A. The defendant is aware of a substantial and unjustifiable risk and consciously disregards it.
• B. The defendant should have been aware of a substantial and unjustifiable risk.
• C. The defendant intends to cause physical injury.
• D. The defendant is unaware of any risk but acts anyway.

Answer: (A)

In New York, recklessness means the defendant is aware of a substantial and unjustifiable risk and consciously disregards it. That awareness plus deliberate disregard is what sets recklessness apart from mere negligence (where the person might fail to perceive the risk) and from intent (which is a purposeful aim to cause harm).

So the statement describing actual awareness of a real, significant risk and a deliberate disregard of it is the one that fits recklessness. The other options describe being unaware of the risk, or failing to perceive it, or having the purpose to cause injury—none of which capture the required conscious disregard tied to an actual risk.