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Pointing Finger and Saying “I’m Going to Shoot You” Did Not Support Harassment and Menacing Charges

The First Department determined that the allegations supporting  harassment and menacing charges were insufficient:

…[T]he accusatory instrument was insufficient as a matter of law with regard to the harassment and menacing charges. The allegation that defendant pointed his finger in a shooting motion and stated, “I’m going to shoot you,” without any indication that defendant was armed at the time, did not set forth an imminent threat of harm to the complainant. Nor were any facts alleged showing the statement should have been taken seriously … . People v Harris, 2014 NY Slip Op 05814, 1st Dept 8-14-14

 

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