What is the test for making a phone call that has no purpose?
"New York", United States of America
The following excerpt is from People v. Alfano, 2004 NY Slip Op 24406 (NY 1/7/2004), 2004 NY Slip Op 24406 (N.Y. 2004):
One of the elements of the crime is a phone call that has "no purpose of legitimate communication." (Penal Law 240.30 [2].) In neither the complaint nor the supporting deposition is there an allegation that the phone call in question had no purpose of legitimate communication. The court in People v. Singh (1 Misc 3d 73, 74 [2003]) stated that
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