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People v. Otto

40 N.Y.2d 864 Court N.Y. Decision date 1976-10-14 English

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p. 864
The People of the State of New York, Respondent, v Harry Otto, Appellant.
Submitted September 10, 1976;
decided October 14, 1976
p. 865
Peter L. Yellin, Public Defender (Edward J. Nowak of counsel), for appellant.
Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), for respondent.

Order reversed and the information dismissed. The violation of harassment was not established beyond a reasonable doubt. In addition, the conduct involved did not constitute a violation or come within the scope of the statute (People v Carvelas, 35 NY2d 803 ).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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