People v. Barbara

OPINION OF THE COURT

Michael S. Alongé, J.

*670This is a motion to dismiss a prosecutor’s information charging the defendant with a violation of Penal Law § 240.26 (1), harassment in the second degree, a violation. The motion attacks both the sufficiency of the information and the constitutionality of the statute.

The defendant, James Barbara, is a motor equipment operator and has worked for the Department of Highways in the Town of Hempstead for 33 years. An angry dispute erupted one day when Mr. Barbara felt he was not being treated fairly in overtime assignments. He had complained several times…