People v. McKay

OPINION OF THE COURT

Marvin E. Segal, J.

The defendant moved to dismiss the information pursuant to CPL 170.35 (1). This case raises the novel issue of the scope of the crime of aggravated harassment in the second degree as defined in Penal Law § 240.30 (1).

Penal Law § 240.30 (1) states, in pertinent part:

"A person is guilty of aggravated harassment in the second *697degree when, with intent to harass, annoy, threaten or alarm another person, he:

"1. Communicates, or causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by…