Opinion
Argued June 8, 1972
Decided July 6, 1972
Appeal from the Supreme Court for the Ninth and Tenth Judicial Districts of the Second Judicial Department, IRVING J. SCHULTZ, J.
Paul J. Bloom, James J. McDonough and Matthew Muraskin for appellant.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
Order reversed and the information dismissed upon the ground that the evidence adduced at the trial, revealing as it does only one isolated incident, fails to establish that defendant engaged in a course of conduct or repeated acts and does not support a conviction for harassment under subdivision 5 of section 240.25 of the Penal Law.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.