People v. Diraimondo

In People v. Diraimondo (174 Misc 2d 937 [Dist Ct, Nassau County 1997]) the complainant received several telephone calls asking for sexual favors after the defendant posted signs at a train station stating that "4 Hot Easy Sex" or for other specified sexual acts to call the complainant's phone number. The Diraimondo court rejected the defendant's argument that the information was facially insufficient because it did not sufficiently allege that the defendant communicated or caused a communication to be initiated. Focusing on the clause "or causes a communication to be initiated by mechanical or electronic means or otherwise," the court concluded that the allegations in the information were sufficient to establish that the defendant's acts caused the obscene telephone communications. (Supra, at 939.)