People v. Selinger

In People v. Selinger, 48 Misc 3d 1218(A), 2015 NY Slip Op 51161(U) (Crim Ct NY County 2015), the Court held that "[o]bnoxious but non-threatening behavior [does] not, by itself," ordinarily suggest that the defendant had the requisite knowledge. In such cases, to sufficiently plead this knowledge element, the information should describe "either an actual or implied threat of danger, or allege background facts that would make the obnoxious behavior itself constitute an implicit threat." Id.