AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of JOANNE BOYD, Respondent, v. DANIEL BOYD, Appellant.

Upon our review of the record, petitioner demonstrated by a fair preponderance of the evidence (Family Ct Act § 832) that respondent committed the family offense of harassment within the meaning of Family Court Act § 812 (see, Matter of Dutz v Colon, 183 A.D.2d 715). Family Court credited petitioner's testimony in support of her application (see, Matter of Joseph P.B. v Margaret O'D., 161 A.D.2d 545) and the record supports its conclusion that respondent's actions alarmed or annoyed petitioner and had no legitimate purpose (see, Matter of Rogers v Rogers, 161 A.D.2d 766; see also, Penal Law former § 240.25 [5]). In addition, the circumstances surrounding respondent's actions showed that the requisite element of intent existed (see, Matter of Holcomb v Holcomb, 176 A.D.2d 409). As a final matter, the fact that Penal Law former § 240.25 (2) has been found unconstitutional (see, People v Deitze, 75 N.Y.2d 47) does not mandate a different conclusion because Family Court did not base its finding on that section (see, Matter of Holcomb v Holcomb, supra). Respondent's remaining contentions have been considered and rejected for lack of merit.

Weiss, P.J., Levine, Mercure and Mahoney, JJ., concur. Ordered that the order is affirmed, with costs.

Use AI to get other relevant cases.

Comments

MATTER OF BOYD v. BOYD
(May 27, 1993)