PEOPLE v. CHAVES


13 Misc.3d 782 (2006)

827 N.Y.S.2d 480

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSE A. CHAVES, Defendant.

Justice Court of Town of Ossining, Westchester County.

September 5, 2006.


Attorney(s) appearing for the Case

Anthony M. Giordano, Ossining, for defendant.

Janet DiFiore, District Attorney, White Plains (Melissa Smith of counsel), for plaintiff.


OPINION OF THE COURT

EDWIN S. SHAPIRO, J.

The defendant, Jose A. Chaves, is charged with two counts of aggravated harassment in the second degree, a class A misdemeanor, pursuant to section 240.30 (1) of the Penal Law. He has moved to dismiss both accusatory instruments on the grounds that (1) they are facially insufficient and defective as a matter of law; (2) the statute is unconstitutional on its face; and, alternatively, (3) it is unconstitutional as...

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