[*1]Decided on June 7, 2006

PRESENT: Davis, J.P., Schoenfeld, J.
570164/04

Defendant appeals from a judgment of the Criminal

Court, Bronx County (Robert Torres, J.), rendered December 19, 2003, after a jury trial, convicting him of two counts of aggravated harassment in the second degree, and imposing sentence.
PER CURIAM:

Judgment of conviction (Robert Torres, J. and jury), rendered December 19, 2003, reversed on the law, the facts and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.

Defendant's conviction of second-degree aggravated harassment (Penal Law § 240.30 [1]) was not based on legally sufficient evidence and was, in any event, against the weight of the evidence, which showed that defendant twice telephoned the complainant and uttered the same terse statement, viz., that the complainant had an (unspecified) "problem". On this record, the isolated telephone calls attributed to defendant - calls which were brief in duration and equivocal in content - were not shown beyond a reasonable doubt to have been actuated by the requisite criminal intent to "harass, annoy, threaten or alarm" or to have been initiated in a "manner likely to cause annoyance or alarm" (Penal Law § 240.30 [1]; see generally People v Silverberg, 1 Misc 3d 62, 65-66 [2003]).

This constitutes the decision and order of the court.
I concur I concur
Decision Date: June 7, 2006