People v. Mangano

OPINION OF THE COURT

Memorandum.

Judgments of conviction affirmed.

*361Penal Law § 240.30 (1) does not prohibit mere speech or expression, but proscribes the use of, inter alia, a telephone to communicate in a manner likely to cause annoyance or alarm (cf., People v Shack, 86 NY2d 529, 535; People v Liberato, 180 Misc 2d 199, 201). We find the statute neither unconstitutional on its face nor as applied to the facts. Defendant’s messages, left on complainants’ workplace telephone answering machine, contained threats to them and their families, profanely abusive language, and thinly-veiled references…