People v. Scalera

OPINION OF THE COURT

Brian Herman, J.

This criminal matter was commenced by the filing with this court of an accusatory instrument alleging that on June 17, 2017 the defendant committed a violation of Penal Law § 240.26 (1), harassment in the second degree. Specifically, the defendant is accused of making a telephone call to the complainant’s cell phone and allegedly saying, “I’m going to fuck you up.”

At arraignment, the defendant pleaded not guilty to the charge.

Defendant has now moved by notice of motion dated August 14, 2017 seeking dismissal of the charge, or in the alternative that the…