Opinion
No. 570050/15.
09-28-2017
The PEOPLE of the State of New York, Respondent, v. Jeremiah SMITH, Defendant–Appellant.
Judgment of conviction (Neil E. Ross, J.), rendered January 9, 2014, affirmed.
Defendant's request for vacatur of his conviction of aggravated harassment in the second degree on the basis that Penal Law § 240.30(1)(a) has been declared unconstitutional by the Court of Appeals (see People v. Golb, 23 N.Y.3d 455, 467–468 [2014], cert denied 135 S.Ct. 1009 [2015] ), is unpreserved (see People v. Scott, 126 A.D.3d 645 [2015], lv denied 25 N.Y.3d 1171 [2015] ; see also People v. Ward, 136 AD3d 504 [2016], lv denied 28 NY3d 938 [2016] ). The interest of justice would not be served by relieving defendant of this conviction, particularly since his egregious conduct went far beyond a mere communication with intent to annoy, which was the primary concern of the Court of Appeals when it invalidated the statute in People v. Golb, supra(see People v. Irizarry, 135 AD3d 641, 642 [2016], lv denied 28 NY3d 931 [2016] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.