Judge Steven M. Statsinger
Garcia was accused of threatening complainant Flipchenko over the telephone, but the court found the information did not explain how Flipchenko knew Garcia was the person who made the threat. The accusatory instrument stated Flipchenko provided moving services to Sylvia, communicating via her mobile phone, but are now in small claims litigation over the services. Flipchenko received a call from Sylvia’s phone, and alleged Garcia threatened to beat him up and destroy his business. Garcia was arraigned on harassment and aggravated harassment charges. Garcia argued the information was facially insufficient as it did not allege a basis for Flipchenko’s assertion Garcia was the person who made the threatening call. The court agreed finding the allegation was conclusory as it was without any factual support. It stated Garcia’s identity as the caller was derived solely from a fact not otherwise pleaded, thus absent any further factual allegation, Flipchenko did not identify Garcia based on the telephone number, which was his former client’s, Sylvia’s. The court stated while the information was facially insufficient, but same may be cured if additional facts, properly pleaded, were available to prosecutors. Dismissal was granted with leave for prosecutors to supersede.