People v. Walcott

In People v. Walcott, 47 Misc. 3d 1217[A], 2015 NY Slip Op 50658[U] (Crim Ct NY County 2015) the Courtfound the knowledge element satisfied in a case where the complainant observed the defendant sitting on her fire escape staring in at her through the window: "Any reasonable person would understand that repeatedly mounting someone else's fire escape and staring at that person through the window would be likely to cause reasonable fear of material harm to the physical health, safety or property of such person." The Court found the knowledge element satisfied in a case where the complainant observed the defendant sitting on her fire escape staring in at her through the window: "Any reasonable person would understand that repeatedly mounting someone else's fire escape and staring at that person through the window would be likely to cause reasonable fear of material harm to the physical health, safety or property of such person.'" In reviewing the information for facial sufficiency, the Court examined both the facts alleged in the misdemeanor complaint and those alleged in the handwritten emendations. Id.