Legal Question in Criminal Law in New York

What is the likely outcome?

A security guard where I worked made several harrasement calls to my work and one to my home, telling my spouse that we were having an affair and that I gave him as STD.The calls were taped. I was friends with this man, but there was never any flirtation or sexual activity between the two of us. At one point, he did get out of hand, and I told him off. That's when the calls began. He was arrested and charged with a misdemeanor and given a DAT.Because he planted this fabrication in my spouse's head,I went ahead and had myself checked for STDs. Of course, everything came back clean. The ADA handling my case at the time tried to make me feel better by telling me that this case may not go to trial, as I had evidence that he harrased me. My ADA was switched and now the new one tells me that since he has no record, most likely we will go to trial. His defense is that he was ''angry'' at the fact that ''I gave him this desease'' therefore, his calls were justified. I am in shock that he can get away with falsely accusing me and trying to create friction in my marriage (he was not successful with that). I have an order of protection and he next appears in court in late July. What happens next? I have never denied that I spoke to him. Help!


Asked on 6/12/03, 7:18 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: What is the likely outcome?

This is horrible! What an awful person. While this is largely in the hands of the DA, we can only hope this person is examined for mental illness.

You do have options on the civil side. This man can be sued for the things he has said. The legal analysis is standard and requires no genius or original thinking.

You are welcome to a consultation at no fee at my offices at 42 West 44th St. Please call for an appointment first (646) 591-5786.

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Answered on 6/16/03, 10:26 pm


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