Judge Elizabeth N. Warin

Murray, charged with criminal contempt and harassment, moved for dismissal of the accusatory instrument for facial insufficiency. It was alleged a statement by Murray violated a Family Court order of protection directing him from harassing, intimidating or Threatening McCallum. The court found Murray's statement to McCallum was vague and hypothetical, and could not be stated to contain a specific threat of physical harm to be inflicted on her. Thus, in the absence of suggesting physical contact or a direct threat of same, the harassment charged was not made out in the accusatory instrument. Thus, dismissal of the harassment charge was granted. Yet, prosecutors argued the charged conduct—criminal contempt—even if insufficient for the harassment charge, could constitute either intimidation or threats—both prohibited under the statute. The court agreed with prosecutors that the factual allegations were factually sufficient for the criminal contempt charge based on threats or intimidation. It noted while Sela's statement did not sound as a specific threat of physical harm—necessary for the harassment charge—it declined to find the statement did not threaten some kind of harm. Thus, dismissal of the contempt charge was denied.

Judge Elizabeth N. Warin