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The prosecution of a Manhattan man charged with accosting a Criminal Court judge will go forward following the denial of his motion to dismiss. Steven Green, an Upper East Side printing supplies salesmen, faces two counts of menacing and two counts of harassment stemming from a pair of encounters with Manhattan Criminal Court Judge Neil Ross. According to his attorney, Green twice ran into Ross — before whom he had appeared in two previous cases — outside a bank on the corner of 81st Street and Second Avenue. During the first encounter, Green yelled obscenities at the judge, according to the complaint. The second time they met, Green allegedly repeatedly cursed Ross and threatened, “I’m going to get you.” “My client is a guy who speaks his mind,” said Green’s attorney, solo-practitioner Juan Pablo Vegaromero. “He claims he called [the judge] a loser. He admits that he was rude. He wasn’t threatening.” The Manhattan District Attorney’s Office, represented by Assistant District Attorney Caroline Han, charged Green with third-degree menacing and second-degree harassment. Second-degree harassment entails engaging “in a course of conduct … which alarm[s] or seriously annoy[s]” another person. It constitutes a violation with a maximum punishment of 15 days, according to a spokeswoman for the district attorney’s office. Third-degree menacing involves “plac[ing] another person in fear of death, imminent serious physical injury or physical injury.” For a class-B misdemeanor, the maximum sentence is 3 months. Green moved to dismiss the charges on the grounds that he could not receive a fair trial. Green was merely “communicat[ing] his displeasure,” his attorney added, and has already been “thoroughly punished,” having spent several days in jail while awaiting bail. Criminal Court Judge Richard M. Weinberg found Green’s arguments unconvincing. “Defendant’s primary argument is that the case should be dismissed due to the ‘impossibility of a fair trial’ because the complainant is a Criminal Court Judge,” Weinberg wrote. “This argument, which impugns the professional integrity of the entire Criminal Court Bench, would, if carried to its logical conclusion, effectively grant a defendant immunity from prosecution as long as the victim of the crime was a Criminal Court Judge.” The judge similarly dismissed Green’s argument that being confrontational is simply part of his character. “If anything, the allegations in this case, if true, underscore the need for continued prosecution to put an end to this behavior, regardless of how normal defendant may consider it to be,” Weinberg held. Finally, the judge rejected Green’s contention that his time in jail constituted sufficient punishment. “[That] argument … is one which is more appropriately raised at sentencing should defendant be convicted,” Weinberg concluded. Han could not be reached for comment. Vegaromero said that his client intends to take the case to trial. “He was rude, definitely, but he didn’t threaten the judge’s well being. What he is guilty of is no crime. My client is not going to take a plea,” Vegaromero said. “You should see my client. He’s about five feet and 110 pounds,” Vegaromero added. “Think of a cross between Joe Pesci and Dana Carvey.” The original charges against Green, originally heard by Judge Ross before being transferred to a second judge, have been dismissed, according to Vegaromero.

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