Legal Opinion
People v. Shack
New York Court of Appeals
Decided November 2, 1995PublishedCited by 151 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant appeals from an order of the Appellate Term affirming his conviction, upon a jury verdict, of violating Penal Law § 240.30 (2), aggravated harassment in the second degree. The statute provides: "A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he * * * [m]akes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.”
Defendant contends that the statute violates the United States and New York State Constitutions because it…
2Cases cited34 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Roth v. United StatesSupreme Court of the United States · 1957
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Screws v. United StatesSupreme Court of the United States · 1945
29 more not listed; retrieve them via the Exa API.
3Cited by151 opinions
- People v. StuartNew York Court of Appeals · 2003
- People v. RojasNew York Court of Appeals · 2001
- People v. BassettAppellate Division of the Supreme Court of the State of New York · 2008
- People v. First Meridian Planning Corp.New York Court of Appeals · 1995
- People v. FoleyNew York Court of Appeals · 2000
146 more not listed; retrieve them via the Exa API.