MATTER OF MAHABIR v. KELLY


215 A.D.2d 280 (1995)

627 N.Y.S.2d 346

In the Matter of Anthony Mahabir, Petitioner, v. Raymond Kelly, as Police Commissioner of New York City, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1995


The testimony of respondents' investigators and handwriting expert provides substantial evidence supporting respondents' determination that petitioner mailed a death threat to the Governor, signing the name of a person with whom he had a recent traffic altercation and to whom he mailed a threatening letter containing a racial slur. Such conduct, if proven in court, would constitute the crime of aggravated harassment in the second degree (Penal Law § 240.30 [1]), and...

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