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Reason
Reason
Politics
Eugene Volokh

Sound of da Harassment Prosecution

From N.Y. (Town of Patterson) Justice Court judge Michael Caruso in People v. Lando, decided in April:

This prosecution … [is for] Harassment in the Second Degree in violation of Penal Law § 240.26(3), which is a violation [i.e., a petty offense punishable by no more than 15 days in jail -EV].

The complainant alleges, based upon personal knowledge, that on May 30, 2025, at approximately 5:30 p.m., Defendant stopped her vehicle in front of the complainant's driveway and played music at an excessive volume, causing annoyance and alarm. The complainant further alleges that the music included the phrase "it's the sound of the police," and that this conduct, as a whole, was undertaken in response to the complainant's prior report to law enforcement concerning Defendant's alleged excessive noise. According to the information, Defendant then backed up her vehicle and shouted to the complainant, "Why don't you call them [the police] for me being too loud." …

The supporting deposition alleges that on May 29, 2025, an individual identified as "Frank" drove past the complainant's residence and shouted vulgar and offensive language, including "Fucking faggot!" It further alleges that, later that same day, the same individual parked his vehicle in the roadway, thereby obstructing the complainant's wife from operating her vehicle, while staring at her and her daughter.

The supporting deposition further alleges that on May 30, 2025, the same individual again drove past the complainant's residence, shouting additional vulgar and offensive remarks, including "Gay fuck," directed at the complainant. It is also alleged that Defendant engaged in a course of conduct over a time period, including parking her vehicle conspicuously near the complainant's residence for extended periods with the windows down while playing loud music, specifically the song "Sound of da Police" by KRS-One, and operating her vehicle at excessive speeds along the roadway….

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