Criminal Court Upholds The Sufficiency of Aggravated Harassment 2nd Degree Against James C. Couri --- Complaint Alleges Couri Threatened To Make George M. Pavia's "Life a Living Hell."

On December 4, 2002, in The PEOPLE of the State of New York v. James Couri, the Hon. Gerald Harris of the Criminal Court, New York County, found the Complaint against James C. Couri alleged facts sufficient to support the charges of Aggravated Harassment in the 2nd Degree (PL 240.30(1) and Harassment in the 2nd Degree (PL 240.26(3) against James C. Couri.

The Complaint alleged that defendant James C. Couri, (a tenant in a building owned by the complainant George M. Pavia), told the complainant that he would "make his life a living hell" after the complainant refused defendant's offer to buy his own apartment or the entire building.

It was further alleged that, between January 1, 2000 and May 28, 2002, defendant faxed more than 100 letters to complainant's office and that the letters contained statements which annoyed and alarmed the complainant. The complaint contains quotes attributed to seven of the defendant's letters - the quoted language generally constitutes epithets and/or accusations of criminal behavior. Two of the letters were allegedly copied to newspapers including the New York Times.

The Complaint also accuses the defendant of making more than 50 telephone calls to the complainant's home at hours earlier than 6 A.M. and either hanging up or cursing the complainant.

On two occasions, the Complaint alleges complainant's attorney wrote to defendant's attorney, with copies to the James C. Couri, demanding that defendant's harassment of the complainant be stopped.

Justice Gerald Harris found the Complaint to be facially sufficient and denied James C. Couri's motion to dismiss in full.

EDITOR'S NOTE: According to James C. Couri, after many months and $35,000 in legal fees, Mr. Couri's criminal defense team convinced the NY County District Attorney's Office to dismiss the charges. Notably, however, in the civil case of Pavia v. Couri, a unanimous jury dismissed Mr. Couri's claim against Mr. Pavia that he maliciously prosecuted Mr. Couri by having him arrested for Aggravated Harassment and Harassment.

Significantly, during the evidentiary portion of the trial Mr. Couri did not ATTEMPT to justify the horrific acts he perpetrated against the Pavia Family. During closing arguments, when forced to confront this fact, Mr. Couri attempted to justify his endless campaign of scurrilous acts not by referring to facts, because none were to be found, instead, Mr. Couri simply claimed he was "at war with the Paivas, not unlike the Korean War and the Conflict in Vietnam."  Wow.