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People v. Munoz

Intent to Harass Inferred From Conduct of Following Complainant Despite Requests to Cease

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MEMORANDUM

*1  The defendant’s omnibus motion for pre-trial relief is decided as follows: MOTION TO DISMISS-FACIAL INSUFFICIENCY:Defendant is charged in the misdemeanor information with Resisting Arrest, [PL §205.30], under count one, Attempted Assault in the Third Degree, [PL §110/120.00(1)], under count two, Harassment in the First Degree, [PL §240.25], under count three, Harassment in the Second Degree, [PL §240.26(1)], under count four and Harassment in the Second Degree, [PL §240.26(2)], under count five. The misdemeanor information reads, in pertinent part, that on or about August 17, 2017 between approximately 9:10 A.M. and 10:28 A.M. at the southeast corner of White Plains Road and Vannest Avenue in the county of the Bronx P. O. Eric Ramos is informed by Abigail Corona:“That at the above time and place, a public place, informant observed defendant follow her while she was at the above location with her three (3) children, (Date of Birth: ), (Date of Birth: ), and (Date of Birth: ). Deponent is further informed by informant that informant told defendant to stop following her around said location, and defendant responded in sum and substance IT’S A PUBLIC PARK. Deponent is further informed by informant that defendant continued to follow her until informant called the police. Deponent is further informed by informant that defendant’s aforementioned conduct caused her to experience annoyance, alarm, and fear for her physical safety. Deponent is informed by PO BUTRINT MUJAJ of 49 PCT, Shield# 6953, that at the above time and place, informant attempted to arrest defendant for the aforementioned conduct. Deponent is further informed by informant that upon attempting to arrest defendant for the aforementioned conduct,

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