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People v Anderson (Alex)
2009 NY Slip Op 52235(U) [25 Misc 3d 135(A)]
Decided on November 6, 2009
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 6, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570648/06.

Respondent,

against

Alex Anderson, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa C. Jackson, J.), rendered July 5, 2006, convicting him, upon a plea of guilty, of aggravated harassment in the second degree, and imposing sentence.


Per Curiam.

Judgment of conviction (Melissa C. Jackson, J.), rendered July 5, 2006, affirmed.

We find unavailing defendant's present challenge to the facial sufficiency of the underlying information. Allegations that defendant appeared at the complainant's office and gave her a letter accompanied by sexually explicit materials, repeatedly appeared uninvited at the complainant's office, and stood behind and stared at the complainant in a subway car, were sufficient, for pleading purposes (see CPL 100.15[3]; 100.40[1]), to establish prima facie defendant's commission of aggravated harassment in the second degree (see Penal Law § 240.30[1]; see generally People v Johnson, 208 AD2d 1051 [1994], lv denied 85 NY2d 910 [1995]) and stalking in the fourth degree (see Penal Law § 120.45[1]; see generally People v Stuart, 100 NY2d 412 [2003]), the offenses with which defendant was charged.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 06, 2009