People v. Hernandez

In People v. Hernandez, 7 Misc 3d 857, 795 N.Y.S.2d 862 (NYC Crim. Ct. 2005), however, the court opined that the 2001 amendment to the statute, adding the prefatory language "causes a communication to be initiated" to subsection 1(b), evinces a legislative intent that a Complainant-initiated telephone call does not prevent prosecution for Aggravated Harassment in the Second Degree. In Hernandez, the complainant called the defendant in response to a "beeper page." The court relied on the statutory amendment in rejecting the defendant's argument that the accusatory instrument was facially deficient because it alleged that the Complainant initiated the telephone call.