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State v. Greenspan

374 S.E.2d 884 (1989)

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State v. Greenspan

North Carolina Court of Appeals
374 S.E.2d 884 (1989)

SH

Facts

Greenspan (defendant) contacted the police department to complain about harassing telephone calls. Greenspan told the police that he had traced the calls to an address resided by Ali Mobarakeh. The police took no immediate action, but Greenspan continued to report harassing phone calls. Eventually, the police arranged a meeting between Greenspan, Mobarakeh, and Mobarakeh’s brother, during which time Greenspan identified Mobarakeh as the caller. Greenspan told the police that he wanted to wait overnight before signing an arrest warrant. Greenspan then called Mobarakeh and indicated that he would not press charges if Mobarakeh offered him money. Mobarakeh refused, and Greenspan promised to call back. Mobarakeh had recorded their entire conversation and offered the recording to the police. The police told Mobarakeh that when Greenspan called again, he should refuse any offers and record that call as well. Mobarakeh did as instructed and gave the recording of the second call to the police the following morning. Greenspan was arrested for extortion, and these recordings formed the basis for his conviction. Greenspan appealed his conviction on grounds that his actions did not constitute the elements of a threat and wrongful intent within the meaning of the extortion statute.

Rule of Law

Issue

Holding and Reasoning (Parker, J.)

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