A manhattan judge has dismissed a charge of aggravated harassment for making threats over the telephone because the man neither initiated the call nor caused it to be made.

Noting a split among the courts on the issue, Acting Criminal Court Judge Robert M. Stolz, in People v. Fred Monroe, 99N070368, granted the defendant’s motion to dismiss the second-degree aggravated harassment charge, a Class A misdemeanor, for facial insufficiency. The judge, however, allowed to stand a charge of harassment in the first degree, a Class B misdemeanor, which was related to acts of harassment allegedly committed in person.

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