People v. Goris

Criminal Practice

New York Law Journal


Judge ShawnDya Simpson

Goris was charged with aggravated harassment and criminal contempt. He moved for dismissal for facial insufficiency. Deponent alleged claimant stated Goris called and texted her multiple times, yelled and cursed asking why she was not picking up her phone. Claimant alleged such actions caused her to become alarmed and annoyed. The court noted the number of times Goris called and texted complainant was unspecified. It stated while Goris was alleged to have cursed, same was not sufficient for criminal liability. Also, the court noted there was no indication of a threat, and Goris' statement was neither unequivocal or immediate as to complainant to demonstrate that an imminent prospect of execution existed. Further, it stated the allegations did not show a substantial violation of complainant's privacy interest. Thus, the instant allegations were inapplicable to and insufficient for a charge of aggravated harassment. The court noted one isolated incident was not legally sufficient to sustain a conviction for harassment. Further, it found the allegations contained "glaring defects" prosecutors have not moved to supercede, finding the allegations were insufficient facially on this basis. Hence, dismissal was granted.

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