People v. Silverberg

In People v. Silverberg (1 Misc. 3d 62 [App Term, 1st Dept 2003]), the Appellate Term reversed the defendant's conviction for harassment under section 240.30 (1). The complainant was a lawyer who had initiated criminal harassment charges against a mutual acquaintance of the complainant and defendant. The defendant called up the complainant and informed the complainant that if he didn't drop the charges, the defendant would with the support of two eyewitnesses bring criminal charges against the complainant for an assault which he had previously perpetrated, and would also file professional grievances against him. The Appellate Term held that the conviction could not stand in view of the fact that the charge arose from a single, "isolated," phone call, that the defendant during the call "spoke in a measured tone," and that the defendant did not "unequivocally" threaten the complainant. (1 Misc. 3d at 65.) Justice Suarez dissented, among other things objecting to the apparent imposition of an "unequivocality" requirement.