People v. Fair

Defendant demurs to an indictment charging him with aggravated harassment pursuant to subdivision 2 of section 240.30 of the Penal Law.

The charging clause of the indictment reads as follows: “ The said Oliver Fair on or about the 25th day of September, 1968, at his home in the Town of Catharine, in the County of Schuyler and State of New York, with intent to harass, annoy [sic] and alarm another person did make a telephone call to one John Van Buskirk with no purpose of legitimate communication and wherein no conversation ensued. ’ ’

It is defendant’s contention that the indictment is…