PEOPLE v. TIMKO (2021)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Thomas TIMKO, Appellant.

No. 83 SSM 19

Decided: October 07, 2021

Law Offices of Michael Pollok, PLLC, Red Hook (Michael S. Pollok of counsel), for appellant. Miriam E. Rocah, District Attorney, White Plains (Brian R. Pouliot, William C. Milaccio and Steven A. Bender of counsel), for respondent.

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 N.Y.3d 455, 466–468, 991 N.Y.S.2d 792, 15 N.E.3d 805 [2014]).

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.

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

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