People v. Evans

*261OPINION OF THE COURT

Miriam R. Best, J.

Defendant is charged with stalking in the fourth degree (Penal Law § 120.45 [1]), criminal contempt in the second degree (Penal Law § 215.50 [3]), and two counts of aggravated harassment in the second degree (Penal Law § 240.30 [1] [a]; [2]). He now moves this court to dismiss the counts of aggravated harassment as facially insufficient, pursuant to CPL 170.30 (1). For the reasons that follow, the court holds that the charge of Penal Law § 240.30 (2) is legally insufficient. The motion is denied in all other respects.

The Parties’ Contentions

The People…