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PEOPLE v. STUART

100 N.Y.2d 412 (2003)

797 N.E.2d 28

765 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL STUART, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 2003.

Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, New York City (Natalie Rea, Kathryn Wadia and Andrew C. Fine of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Sylvia Wertheimer and Susan Gliner of counsel), for respondent.

Hilary Sunghee Seo, New York City, and Dorchen Leidholdt for Sanctuary for Families' Center for Battered Women's Legal Services and others, amici curiae.

Judges SMITH, GRAFFEO and READ concur with Judge ROSENBLATT; Chief Judge KAYE concurs in result in a separate opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

ROSENBLATT, J.

In 1999, the Legislature criminalized "stalking." The crime contemplates an intentional course of conduct with no legitimate purpose in which the offender targets a particular person. The conduct must be likely to place the victim in reasonable fear of material harm, or cause the victim mental or emotional harm (see Penal Law § 120.45).1<...

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