People v. Grant, 77 A.D.3d 488 (N.Y. App. Div. 2010). · Go Syfert
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People v. Grant, 77 A.D.3d 488 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Lewis-Bush (nyappdiv, 2022-04-22)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Lewis-Bush
N.Y. App. Div. · 2022 · confidence medium
The court determined that the People had exercised due diligence, and we conclude that the court did not err in denying defendant's request ( see People v Williams , 94 AD3d 1555, 1556 [4th Dept 2012]; People v Mobley , 77 AD3d 488, 489 [1st Dept 2010], lv denied 15 NY3d 954 [2010]).
discussed Cited as authority (rule) PeoplevLawing
N.Y. App. Div. · 2014 · confidence medium
Given the victim's willingness to cooperate until just prior to trial – including his appearance to give DNA evidence – the People's personal service of a subpoena upon him, and the People's efforts to locate him when he unexpectedly did not appear for trial, County Court did not abuse its discretion in denying defendant's request for the missing witness charge (see People v Savinon, 100 NY2d at 198 ; People v Gonzalez, 68 NY2d at 428 ; People v Mobley, 77 AD3d 488, 489 [2010], lv denied 15 NY3d 954 [2010]; People v Brooks, 62 AD3d 511, 511 [2009], lv denied 12 NY3d 923 [2009]; People v -4…
discussed Cited as authority (rule) People v. Lawing
N.Y. App. Div. · 2014 · confidence medium
Given the victim’s willingness to cooperate until just prior to trial — including his appearance to give DNA evidence — the People’s personal service of a subpoena upon him, and the People’s efforts to locate him when he unexpectedly did not appear for trial, County Court did not abuse its discretion in denying defendant’s request for the missing witness charge (see People v Savinon, 100 NY2d at 198 ; People v Gonzalez, 68 NY2d at 428 ; People v Mobley, 77 AD3d 488, 489 [2010], lv denied 15 NY3d 954 [2010]; People v Brooks, 62 AD3d 511, 511 [2009], lv denied 12 NY3d 923 [2009]; Peo…
discussed Cited as authority (rule) People v. Lawing
N.Y. App. Div. · 2014 · confidence medium
Given the victim’s willingness to cooperate until just prior to trial — including his appearance to give DNA evidence — the People’s personal service of a subpoena upon him, and the People’s efforts to locate him when he unexpectedly did not appear for trial, County Court did not abuse its discretion in denying defendant’s request for the missing witness charge (see People v Savinon, 100 NY2d at 198 ; People v Gonzalez, 68 NY2d at 428 ; People v Mobley, 77 AD3d 488, 489 [2010], lv denied 15 NY3d 954 [2010]; People v Brooks, 62 AD3d 511, 511 [2009], lv denied 12 NY3d 923 [2009]; Peo…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Lindon Grant
Appellate Division of the Supreme Court of the State of New York.
Oct 19, 2010.
77 A.D.3d 488
Published

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered March 17, 2008, convicting defendant, upon his plea of guilty, of harassment in the second degree, and sentencing him to a conditional discharge for a period of one year, unanimously affirmed.

The misdemeanor complaint charging aggravated harassment was facially sufficient (see CPL 100.40 [4] [b]), as it set forth threatening language used by defendant that provided reasonable cause to believe that his communication was intended to harass, annoy, threaten or alarm the victim and that it was likely to cause the victim annoyance or alarm (Penal Law § 240.30 [1]).

Defendant’s First Amendment argument is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.

Defendant’s remaining contentions are unavailing (see People v Correa, 15 NY3d 213 [2010]). Concur—Gonzalez, P.J., Tom, Catterson, Moskowitz and Richter, JJ.