PEOPLE v. TIMKO

No. 83 SSM 19.

37 N.Y.3d 1030 (2021)

2021 NY Slip Op 05391

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS TIMKO, Appellant.

Court of Appeals of New York.

Decided October 7, 2021.


Attorney(s) appearing for the Case

Law Offices of Michael Pollok, PLLC, Red Hook ( Michael S. Pollok , of counsel), for appellant.

Miriam E. Rocah , District Attorney, White Plains ( Brian R. Pouliot , William C. Milaccio and Steven A. Bender , of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be reversed and the accusatory instrument dismissed.

As the People concede, the accusatory instrument was legally insufficient. The allegations in the factual part of the instrument and in the supporting depositions did not provide reasonable cause to believe that defendant communicated "a threat to cause physical harm to, or unlawful harm to the property of, [the complainant...

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