NY Court of Appeals Decision

[HighwayMan]

What is the name of your state (only U.S. law)? New York

For those that may be interested, this is a major decision made by the Court of Appeals. This will certainly have a major effect upon law enforcement, especially in domestic violence situations.

Yesterday, the New York State Court of Appeals (the highest court in NYS) issued a decision in the case of People v. Golb declaring New York Penal Law 240.30 (1) unconstitutional. The statute is quoted below:

§ 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when,
with intent to harass, annoy, threaten or alarm another person, he or
she:
1. Either (a) communicates with a person, anonymously or otherwise, by
telephone, by telegraph, or by mail, or by transmitting or delivering
any other form of written communication, in a manner likely to cause
annoyance or alarm; or
(b) causes a communication to be initiated by mechanical or electronic
means or otherwise with a person, anonymously or otherwise, by
telephone, by telegraph, or by mail, or by transmitting or delivering
any other form of written communication, in a manner likely to cause
annoyance or alarm

 

[quincy]

What an odd case.

That said, I agree that the wording of the statute is overly broad and vague. Other states have found similarly worded statutes unconstitutional, as well.

Here is a link to the decision: http://law.justia.com/cases/new-york/court-of-appeals/2014/72-0.html

 

[Lawbook]

Thanks for sharing this , Law student like me very helpful for case studies..