People v. Concannon — 28 N.Y.2d 854

Majority

p. 854

The People of the State of New York, Respondent, v. Barbara Concannon, Appellant.

Argued April 7, 1971;

decided April 21, 1971.

p. 855

Richard T. Haefeli for appellant.

George J. Aspland, District Attorney (Carl Spitsnagel, Jr. of counsel), for respondent.

Judgment reversed and the information dismissed upon the ground that the record does not establish that defendant intended to harass the complainant in violation of subdivision 5 of section 240.25 of the Penal Law.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.