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A STALKING CASE UNFOLDS

The case of The People v. B revolves around the defendant's conviction for two counts of stalking in the fourth degree and harassment in the second degree. Following a nonjury trial, the Criminal Court of the City of New York found the defendant guilty, a decision he later appealed. However, the Appellate Term, First Department, affirmed the judgment, concluding that the verdict was legally sound and supported by the weight of the evidence.

The prosecution successfully demonstrated that B. engaged in a prolonged course of harassment against his in-laws, causing them significant distress and concern for their personal safety and professional stability. The evidence established that the defendant had been explicitly warned to stop his conduct, yet he persisted, providing ample basis for his conviction under Penal Law §§ 120.45 and 240.26. Additionally, the court found that B's intent to "harass, annoy, or alarm" could reasonably be inferred from his actions, solidifying the case against him.

B. also argued that he was entitled to a jury trial under the Sixth Amendment. The appellate court rejected this claim, citing legal precedent that class B misdemeanors are generally considered "petty" offenses unless a defendant can prove the severity of penalties transforms them into "serious" ones. The court found that the maximum prison term for the charges was not substantial enough to merit a jury trial and that other potential consequences, such as the revocation of his law license, were not statutory and did not directly stem from the conviction.

Ultimately, the court affirmed B."s conviction, dismissing all remaining arguments. This ruling underscores the importance of concrete evidence in criminal proceedings and affirms the limitations on jury trial rights for lower-level misdemeanor offenses in New York. The decision also reinforces the legal framework surrounding harassment and stalking charges, ensuring protections for victims facing persistent and unwanted conduct.

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DECISION

The People v. B

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