Opinion
Argued April 7, 1971
Decided April 21, 1971
Appeal from the Supreme Court for the Ninth and Tenth Judicial Districts of the Second Judicial Department, EDWARD U. GREEN, J.
Richard T. Haefeli for appellant.
George J. Aspland, District Attorney ( Carl Spitznagel, 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.