PEOPLE v. BARBARA


173 Misc.2d 669 (1997)

662 N.Y.S.2d 211

The People of the State of New York, Plaintiff, v. James Barbara, Defendant.

District Court of Nassau County, First District.

July 1, 1997


Attorney(s) appearing for the Case

Leonard B. Austin, P. C., Huntington Station, for defendant. Denis E. Dillon, District Attorney of Nassau County, Mineola (Madeline LoPresti of counsel), for plaintiff.


MICHAEL S. ALONGE, J.

This is a motion to dismiss a prosecutor's information charging the defendant with a violation of Penal Law § 240.26 (1), harassment in the second degree, a violation. The motion attacks both the sufficiency of the information and the constitutionality of the statute.

The defendant, James Barbara, is a motor equipment operator and has worked for the Department of Highways...

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