Section 240.30(1) New York
In People v. Behlin, 21 Misc 3d 338, 863 N.Y.S.2d 362 (NYC Crim.Ct. 2008), the accusatory instrument alleged that a school principal had telephoned a parent to inform him that his child was being suspended.
The defendant-father replied that the principal had better watch it, and that he "was going to get" her.
The Court granted dismissal, holding that these threats were far too vague and remote to establish a prima facie case of harassment under 240.30(1).
In contrast, in People v. Limage, 19 Misc 3d 395, 851 N.Y.S.2d 852 (NYC Crim Ct. 2008), the defendant was alleged to have sent six text messages to the complainant's cellular telephone indicating that he was, at that time, outside the complainant's residence and that the complainant would end up in the hospital.
In distinguishing the "we'll get you" language alleged in Yablov, the court held that the six text messages "clearly convey a greater sense of imminence, rather than some abstract notion of what might happen at an unspecified later time." Id., at 400.