PEOPLE v. HERNANDEZ


7 Misc.3d 857 (2005)

795 N.Y.S.2d 862

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. SUE HERNANDEZ, Defendant.

Criminal Court of the City of New York, New York County.

March 31, 2005.


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Rosy Kandathil of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (David Novick of counsel), for plaintiff.


OPINION OF THE COURT

GERALD HARRIS, J.

The defendant, Sue Hernandez, is charged with two counts of aggravated harassment in the second degree, the first count alleging a violation of Penal Law § 240.30 (1), and the second a violation of Penal Law § 240.30 (2). The defendant moves to dismiss both counts as facially insufficient and as violative of her right to free speech and for other, procedural...

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