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THE PEOPLE OF THE STATE OF NEW YORK, Appellant
v.
TERESA SHAW, Defendant-Respondent.
Argued By: Douglas Noll (counsel for the appellant)
Argued By: Christopher M. Cevasco (counsel for the respondent)
Dismissal Affirmed: Marquette L. Floyd, P.J.; Robert W. Doyle & Allan L. Winick, JJ.
DECISION OF THE COURT
<SM-1>
Appeal by the People from an order of the District Court, Nassau County (W. O'Brien, J.), entered September 27, 2001, which dismissed the accusatory instrument charging defendant with aggravated harassment in the second degree (Penal Law § 240.30[1]).
Order unanimously affirmed.
<SM-2>
The factual allegations set forth in the accusatory instrument established only that a person identifying herself as defendant, a former employee, made threatening telephone calls to complainant's workplace, and that complainant had fired defendant several months before. Absent allegations of a non-hearsay evidentiary nature establishing the basis of complainant's belief that the caller was the person he knew to be defendant, the instrument failed to plead a basis to charge defendant with the offense of aggravated harassment in the second degree (Penal Law § 240.30[1]; 100.15[3]; 100.40[1]; People v. Alejandro, 70 NY2d 133, 136-137; cf. People v. McDermott, 160 Misc 2d 769, 772-773).
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