After a criminal case was filed, Dibrino's attorney moved to dismiss the harassment charge claiming that Mrs. Dibrino could not have felt harassed, annoyed, or alarmed by the contact with an envelope.*
In its decision dated July 3, 2007, the Justice Court of the Village of Tuckahoe, Westchester County, noted that while there have been cases which have involved spitting, and the throwing of pennies, the use of an envelope as a projectile was a case of first impression. Notwithstanding the novelty, the Court was of the opinion that there was sufficient physical contact and enough non-hearsay allegations of intent and behavior to make out a prima facie case.
As they prepare for trial, Dibrino's lawyer may want to consider going with paperless invoices.
For a copy of the Justice Court's decision, please use this link: People v. Dibrino
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*New York Penal Law § 240.26 provides as follows:
A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks, or otherwise subjects such other person to physical contact, or attempts or threatens to do the same[.]