People v. McDermott

In People v. McDermott (160 Misc 2d 769 [Dist Ct, Nassau County 1994]) the information alleged that the defendant placed a help wanted ad in Newsday. When the complainant responded to the advertisement, the defendant asked lewd, sexually explicit questions. (Supra, at 771.) There, also, the defendant cited People v. Amalfi to argue that the information was insufficient because he had not initiated the telephone call. ( People v. McDermott, supra.) The court concluded that "a person need not initiate a telephone call in order to violate subdivision (1) of Penal Law 240.30." (Supra, at 772.)