People v. Brown

OPINION OF THE COURT

Colleen D. Duffy, J.

This case presents the issue, one of first impression in New York, of whether one may be properly charged with the crime of menacing in the second degree for shining a laser beam, typically used as a sighting device on firearms, at another person.

The defendant, who is charged with menacing in the second degree under Penal Law § 120.14 (1), moves to dismiss the accusatory instrument as facially insufficient, contending that the allegations set forth, even if true, do not establish that he displayed what appeared to be a firearm as required by the…