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People v. Velez

Accusatory Instrument Charging Aggravated Harassment Dismissed as Facially Insufficient

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MEMORANDUM

*1  The defendant’s omnibus motion is decided as follows: MOTION TO DISMISS-FACIAL INSUFFICIENCY:Defendant is charged in the misdemeanor information with Aggravated Harassment, [PL §240.30(2)], under count one, Harassment in the First degree, [PL §240.25], under count two, and Harassment in the Second Degree, [PL §240.26(3)], under count three. The misdemeanor information reads, in pertinent part, that between May 20, 2017 at approximately 2:13 p.m. and June 22, 2017 at approximately 5:15 p.m. inside of 6 West Farms Square Plaza, Apt#22G in the county of the Bronx, deponent Evelyn Rodriguez alleges:“Defendant did call deponent a total of seven times on the telephone and each time leaving a voicemail message. Deponent further states that in each message defendant stated in sum and substance: REMEMBER THE TIME THAT YOU CAME TO A MARRIED MANS [sic] HOUSE. YOU WILL SEE WHAT IM [sic] GOING TO DO TO YOU. YOU WILL PAY BECAUSE YOURE [sic] A WHORE YOU SON OF A BITCH. YOU FUCKED MY MAN IN MY HOUSE. YOU WILL PAY. THATS [sic] WHY YOU DON’T HAVE FRIENDS. WAIT UNTIL I GET YOU SON OF A BITCH YOURE [sic] A WHORE. YOU TOLD WILMER THAT HES [sic] NOT THE FATHER OF MY CHILDREN, YOU SON OF A BITCH. I KNOW WHERE YOU MOVED, IM [sic] THE EVIL NOW AND I WILL FIND YOU. YOU PIECE OF GARBAGE. Deponent states that, as a result of the aforementioned actions, deponent experienced annoyance and alarm.”Defendant moves to dismiss the accusatory instrument pursuant to CPL §170.35, CPL §100.25 and CPL §100.40 claiming that it fails to contain factual allegations sufficient to provide

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