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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46472 Judge Ferrara DEFENDANT WAS charged with second-degree aggravated harassment violative of Penal Law �240.30(1), based on allegations that defendant repeatedly telephoned the complainant at her workplace and once stated “you better watch your back because you don’t know who you’re messing with.” The court granted defendant’s motion to dismiss the information as facially insufficient. Following the analysis in People v. T.V., the court, citing People v. Smith, found that the single alleged telephone communication warning the complainant to watch her back did not violate �240.30(1)(a) because the statement was neither: obscene; an incitement to immediate breach of the peace; specifically and unequivocally threatening; nor, directed at an unwilling recipient whose privacy interests were invaded in an intolerable manner. The court found that absent a specific or unequivocal threat, the communication at issue amounted to a taunt or challenge, rather than conduct intended to be criminalized by statute.

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