People v. Monnier

Even assuming that this defendant called the complaining witness on the telephone and applied to her certain foul epithets which were overheard by the telephone operator, the defendant is not guilty of the offense of disorderly conduct as defined in section 722, subdivisions 1 or 2, of the Penal Law. Such a person must act or speak either with an intent to provoke a breach of the peace or in such a manner “ whereby a breach of the peace may be occasioned.” In the case at bar there is no evidence of an intent on the part of the defendant to effect a breach of the peace, nor are the…