Opinion
Submitted September 10, 1976
Decided October 14, 1976
Appeal from the Monroe County Court, HYMAN T. MAAS, J.
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 N.Y.2d 803).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.