People v. Portnoy

OPINION OF THE COURT

Jo Ann Ferdinand, J.

Defendant is charged with four counts of aggravated harassment in violation of Penal Law § 240.30 (1) predicated on his *61making four telephone calls. He moves to dismiss the accusatory instrument as defective pursuant to CPL 170.30 (1) (a) and 170.35 (1) (a). For the reasons set forth herein, defendant’s motion is granted and the information dismissed on the grounds that it is insufficient on its face and jurisdictionally defective because it fails to allege any communications by the defendant.

Defendant was arraigned on a misdemeanor complaint on…