Knapp v. Altman — 29 N.Y.2d 588

Majority

p. 588

In the Matter of Arthur A. Knapp, Appellant, v. Benjamin Altman, as Commissioner of the Department of Rent and Housing Maintenance, et al., Respondents.

Argued June 8, 1971;

decided July 6, 1971.

p. 590

Benjamin Shedler for appellant.

William E. Rosen and Daniel W. Joy for Commissioner of Department of Rent and Housing Maintenance, respondent.

Leon Brickman for 907 Corporation, respondent.

Order affirmed, with costs; no opinion.

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

p. 591

citizen’s arrest of County Judge Lynn 1ST. Peterson, was charged with harassment in violation of section 240.25 (subds. 3, 5) of the Penal Law. Without condoning or making any determination with respect to the purported citizen’s arrest we find that the evidence is insufficient to establish beyond a reasonable doubt that defendant’s conduct in attempting the arrest constituted harassment or that his actions evidenced an ‘ ‘ intent to harass, annoy or alarm ”, within the meaning of the statute.