People v. Yablov

In People v. Yablov, 183 Misc 2d 880, 706 N.Y.S.2d 591 (NYC Crim. Ct. 2000), the accusatory instrument alleged that, over the course of a 17-month period, defendant left messages on the complainant's answering machine on three separate occasions, and then called him 22 times in 12 hours on a fourth occasion. The most serious language used was the following: "If I don't get the money you make tomorrow, I'l go to the next step. I have so many irons in the fire, you don't know what the fuck is going on! You'll be vulnerable. We'll get you, David, we'll get you!" Id., at 882-883. In People v. Yablov, the defendant left this message on the complainant's answering machine: "If I don't get the money you make tomorrow, I' 'L, go to the next step. I have so many irons in the fire, you don't know what the fuck is going on! You'll be vulnerable. We'll get you David, we'll get you!" (Id. at 882.) The Yablov court held the statement and others allegedly telephoned to be "crude, sophomoric and disjointed" diatribes that were so vague that they did not contain clear threats of physical violence ( id. at 888). The defendant was alleged to have made several "annoying, threatening, and unsolicited" telephone calls to the victim; to have called the victim four times with "disjointed," vague threats; and to have called the victim at least 22 times during a twelve hour period. Yablov. (183 Misc 2d at 882-83.) The court, in holding the information insufficient, found that the four threats that had been made were not specific enough to constitute harassment and that there were no allegation that the defendant had actually communicated with the victim on any of the 22 occasions when she called the him. (Id at 886-87.)