People v. Gilead, 2021-51045

CourtNew York City Court
Writing for the CourtLyndon D. Williams, J.
PartiesThe People of the State of New York, v. Janel Gilead, Defendant.
Decision Date08 November 2021
Docket Number2021-51045,CR 4404-20

The People of the State of New York,

Janel Gilead, Defendant.

No. 2021-51045

Docket No. CR 4404-20

City Court of Mount Vernon

November 8, 2021

Unpublished Opinion

Westchester County District Attorney's Office Mount Vernon Branch Alex Ayoub, Esq. Attorney for Defendant

Lyndon D. Williams, J.

A bench trial was held in this proceeding charging the defendant with harassment in the second degree pursuant to P.L. 240.26(1).

"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."

At trial the complainant, Jashima Eldridge, testified that she resides on the first floor of a 3-family dwelling. Defendant resides in the same building, but in another unit on the second floor. On September 24, 2020, Ms. Eldridge parked her car across the street from the building (approximately 30 feet from the entrance door). As complainant was walking across the street, using crutches because of a broken foot, she observed the defendant driving. She testified that the defendant stopped the car in the middle of the street and started yelling that she wanted to fight the complainant. Ms. Eldridge stated that they exchanged words. During the argument, defendant got out of her car, approached Ms. Eldridge, and repeatedly stated, inter alia, "I want to fight, we can do this right now", "I can go to jail". She testified that the defendant also threatened to break her other foot. Ms. Eldridge stated that she was fearful because she had a broken foot, had to utilize crutches, and could not defend herself. She testified that defendant's teenage children and defendant's son's girlfriend surrounded her in the street and made threatening statements including defendant saying: "You and your children will be shot and found dead somewhere". However, she managed to get away from them and went inside and called the police. There was no physical contact between the complainant and defendant.

Defendant testified that she has been residing at the subject premises for three years. She stated that four months after moving in, the problems started between her and Ms. Eldridge. They would get into disputes about defendant's children. She testified that on September 23, 2020, the day before the alleged incident, she was informed that the complainant had approached her children. The next day, she observed Ms. Eldridge while she was driving. Defendant testified that while still inside of her vehicle, she stated "we can handle it right here" to the complainant, and that they were both grown women and should handle it between them. Defendant then got out of her vehicle and approached the complainant. She testified that she never threatened the complainant and that her children never approached the complainant. Defendant maintains that Ms. Eldridge has called the police on her 30 times and just wants to see her locked up. She further testified that she did not observe Ms. Eldridge on crutches the day of their confrontation.

In this case, the defendant is charged with harassment in the second degree for allegedly making verbal threats of physical contact. There was no testimony that any improper or attempted physical contact of any kind was committed by the defendant. "The...

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