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Thursday, April 30, 2015

repeated emails not deminimis State v. Crosby,

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]

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