As of May 2014, the New York Court of Appeals Struck Down Aggravated Harassment in the Second Degree (PL § 240.30(1)) as Unconstitutional
Penal Law § 240.30(1)(a) provides that “a person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she … communicates with a person, anonymously or otherwise, by telephone, telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm.”
People v. Golb (2014) We agree with defendant that his conviction of three counts of aggravated harassment related to his conduct toward Schiffman, Goranson, and Cargill must be vacated.