Majority
p. 830The People of the State of New York, Respondent, v Francis B. Bacon, Appellant. Submitted September 4, 1975; decided October 16, 1975
Robert A. Tassio for appellant.
Carl A. Vergari, District Attorney (Charles A. Brooks of counsel), for respondent.
Memorandum. Order reversed and the information, charging defendant with harassment in violation of subdivision 2 of section 240.25 of the Penal Law, dismissed. Defendant’s intent to harass was not established beyond a reasonable doubt (see People v Burford, 34 NY2d 699 ; People v Pecorella, 32 NY2d 920 ; People v Collins, 31 NY2d 878 ).
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed and the information dismissed in a memorandum.
Cases cited
- People v. Burford 34 NY2d 699 p. 830
- People v. Pecorella 32 NY2d 920 p. 830
- People v. Collins 31 NY2d 878 p. 830