PEOPLE v. COOPER


4 Misc.3d 788 (2004)

781 N.Y.S.2d 201

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. ALAN COOPER, Defendant.

District Court of Nassau County, First District.

July 15, 2004.


Attorney(s) appearing for the Case

Hession, Bekoff & Cooper, LLP, Garden City, for defendant.

Denis E. Dillon, District Attorney, Mineola, for plaintiff.


OPINION OF THE COURT

KENNETH L. GARTNER, J.

The defendant is charged with aggravated harassment in the second degree, in violation of Penal Law § 240.30 (1), a class A misdemeanor criminal offense. The motion by the defendant to dismiss requires this court to assess the implications of two recent conflicting decisions. A decision of the United States District Court for the Southern District of New York declared...

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