Opinion
Submitted September 4, 1975
Decided October 16, 1975
Appeal from the Supreme Court in the Second Judicial Department, CARL R. D'ALVIA, J.
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 N.Y.2d 699; People v Pecorella, 32 N.Y.2d 920; People v Collins, 31 N.Y.2d 878).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order reversed and the information dismissed in a memorandum.