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People v. P.S.

Other Lower Courts

September 5, 2001

The People of the State of New York, Plaintiff,
v.
P.S., Defendant.

Page 72

COUNSEL

Frank Prete, Jr., Harrison, for defendant.

Jeanine Ferris Pirro, District Attorney of Westchester County, Mount Kisco, for plaintiff.

OPINION

Edwin S. Shapiro, J.

The defendant, charged with aggravated harassment in the second degree, a class A misdemeanor, pursuant to section 240.30 (1) of the Penal Law, has moved to dismiss the charge pursuant to CPL 100.40 on the ground that the accusatory instrument is defective, and pursuant to CPL 210.40 on the ground that the circumstances surrounding this action warrant a dismissal in the interest of justice.

The Statute

Penal Law ยง 240.30 (1) provides in pertinent part:

" A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:

" 1. Communicates ... by mechanical or electronic means ... with a person ... by telephone ... in a manner likely to cause annoyance or alarm."

Facial Sufficiency

An information is sufficient on its face if it contains nonhearsay allegations of an evidentiary nature that provide reasonable cause to believe that the defendant committed every element of the crime charged. (CPL 100.15 [3]; 100.40 [1] [a], [b], [c];

Page 73

People v Alejandro, 70 N.Y.2d 133 [1987].) In determining the factual adequacy of the accusatory instrument, the court may consider both the information and any ...


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