New York Penal Law 215.51(B)
Just as with Penal Law 240.30, Penal Law 215.51 (b) has a separate provision criminalizing communications (paragraph [iii]), and a separate provision criminalizing telephone calls, whether or not a conversation ensues (paragraph [iv]).
In People v. Calderon (173 Misc 2d 435, 438, 662 NYS2d 227 ) the Supreme Court for Kings County dismissed an indictment pursuant to Penal Law 215.51 (b) (iii) stating that "the language of Penal Law 215.51 (b) (iii) indicates that a person must have 'communicate[d] or caused a communication to be initiated' in order to be guilty of criminal contempt in the first degree.
There is no clause in the statute which, as in Penal Law 215.51 (b) (iv), prohibits such telephone calls 'whether or not a conversation ensues'.
From the evidence adduced before the Grand Jury it appears that the defendant only made one call to the complainant on January 28 and that there was no communication since the complainant recognized the defendant's phone number in her caller ID box and decided not to take the call.
Hence, there was no legally sufficient evidence before the Grand Jury to establish that a violation of Penal Law 215.51 (b) (iii)."