What are the elements of a stalking claim?

"New York", United States of America

The following excerpt is from People v. Walcott, 16 N.Y.S.3d 794 (Table) (N.Y. Crim. Ct. 2015):

A reasonable inference as to each of these elements can be drawn from the facts alleged in the information. Defendant obviously placed himself on the complainant's fire escape intentionally, and not by accident. And it is inconceivable that there could have been a legitimate purpose to this conduct other than to spy on, attempt to assert his control over, or otherwise terrorize the complainant. People v. Wong, 3 Misc.3d 274, 776 N.Y.S.2d 194 (Crim Ct 2004) (liability under the stalking statute arises from defendant's repetitive trespass upon the complainant's privacy).

Other Questions


When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
How is a claim that jury instructions misstate the elements of a statutory crime reviewed de novo? (MultiRegion, United States of America)
What is the standard of review for a motion where a claim has been made that the claim is not reasonable? (Canada (Federal), Canada)
Is there any case law in which a claim that a claim made by a plaintiff is "incredible or defies physical reality"? (MultiRegion, United States of America)
What are the elements to sustain a claim of intentional interference with prospective economic relations? (MultiRegion, United States of America)
Can a plaintiff bring a claim for retaliation against a former employee of a school for failing to show any one of the required elements of retaliation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.