People v Timko, 37 NY3d 1030 (2021)

2021 NY Slip Op 05391 [37 NY3d 1030]
October 7, 2021
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Thomas Timko, Appellant.

Decided October 7, 2021

People v Timko, 70 Misc 3d 133(A), 2020 NY Slip Op 51571(U), reversed.

{**37 NY3d at 1030} OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed and the accusatory instrument dismissed.

As the People concede, the accusatory instrument was legally insufficient. The allegations in the factual part of the instrument and in the supporting depositions did not provide reasonable cause to believe that defendant communicated “a threat to cause physical harm to, or unlawful harm to the property of, [the complainant], or a member of such person’s same family or household” (Penal Law § 240.30 [1] [a], as amended by L 2014, ch 188, § 1; see generally People v Golb, 23 NY3d 455, 466-468 [2014]).

Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and accusatory instrument dismissed, in a memorandum.