repeated emails not deminimis
State v. Crosby, Law Div. (Bergen County) (Doyne, A.J.S.C.)
Defendant moved to dismiss complaint No. S2014-00092-0261charging him
with harassment under
N.J.S.A. 2C:33-4, a petty disorderly persons offense, based on his
numerous emails and text messages to a doctor expressing his
dissatisfaction with the doctor’s services. The court denied the motion,
finding that while the Assignment Judge has limited discretion to
dismiss actions that are too trivial or trifling to require prosecution
pursuant to N.J.S.A. 2C:2-11, it could not be said that defendant’s
repeated communications to his doctor expressing his dissatisfaction
were not made with the purpose to harass, and did not annoy, disturb,
irritate or bother the doctor. Further, the harassment was not so
trivial that it posed no risk to society. Therefore, defendant’s conduct
was the type sought to be prevented by N.J.S.A. 2C:33-4(a) and
dismissal was inappropriate. [Filed March 13, 2015]
source
Read more: http://www.njlawjournal.com/id=1202721090238/Unapproved-Opinions-March-1218-2015#ixzz3Ynr4Jhot
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