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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46759 Judge Weinberg DEFENDANT WAS charged with fourth-degree stalking, based on allegations that he: made multiple late-night telephone calls to the complainant while she was at out-of-town hotels; sent multiple e-mails to the complainant’s place of business; followed her from the subway and her place of business; and left copies of a magazine for which he worked at her home. The court denied defendant’s motion to dismiss the information as facially insufficient, finding that although no verbal threats were alleged, the number of communications made defendant’s course of conduct one likely to cause the complainant to reasonably fear harm. Distinguishing People v. Deitz and Vives v. City of New York, the court rejected defendant’s claim that prosecution under the information unconstitutionally violated his free speech rights. Citing People v. Miguez, the court determined that defendant’s liability arose not from his expression of speech but rather from his repeated trespass on the complainant’s privacy.

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