An aggravated harassment case against an Oneonta man arrested in February has been dismissed based on a state Court of Appeals ruling, his attorney said Wednesday.
On Feb. 18, James A. Hone, 58, was charged with aggravated harassment by Oneonta city police after court officials reported opening a letter containing white powder.
Jonathan Becker, Hone’s attorney, said the charge was dismissed June 19 because of an appellate court ruling that said the statute was unconstitutionally vague.
In a May decision regarding the case of People v. Golb, the Court of Appeals found that part of the state’s penal law covering second-degree aggravated harassment was vague and over-broad and therefore unconstitutional.
Hone’s case was heard before in Oneonta City Court before Acting Judge Michael J. Misiaszek and was dismissed, Becker of Cooperstown said, and the court sealed its records.
Hone, in correspondence to The Daily Star, said there was no powder in a letter he sent to city court and he had been released on recognizance.