Opinion
83 SSM 19
10-07-2021
The People & c., Respondent, v. Thomas Timko, Appellant.
Submitted by Michael S. Pollok, for appellant. Submitted by Brian R. Pouliot, for respondent.
No. 83 SSM 19
Submitted by Michael S. Pollok, for appellant.
Submitted by Brian R. Pouliot, for respondent.
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], or a member of such person's same family or household" (Penal Law § 240.30 [1] [a], as amended by L 2014, ch 188, § 1; see generally People v Golb, 23 N.Y.3d 455, 466-468 [2014]).
On review of submissions pursuant to section 500.11 of the Rules, order reversed and accusatory instrument dismissed, in a memorandum.
Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur.