Summary
holding that an isolated incident could not support a conviction for second degree harassment
Summary of this case from Amore v. City of IthacaOpinion
Submitted May 5, 1983
Decided June 7, 1983
Appeal from the Monroe County Court, EUGENE W. BERGIN, J.
Robert J. Lunn for appellant.
Donald O. Chesworth, Jr., District Attorney ( Melvin Bressler of counsel), for respondent.
MEMORANDUM.
The order of County Court should be reversed and the information dismissed.
To support a conviction under subdivision 5 of section 240.25 of the Penal Law, the People must establish that the defendant had "engage[d] in a course of conduct or repeatedly commit[ted] acts which alarm[ed] or seriously annoy[ed]" another person and had no legitimate purpose. (Penal Law, § 240.25, subd 5; People v Chasserot, 30 N.Y.2d 898.) Because no evidence was presented at trial that defendant's conduct was anything other than an isolated incident, the People failed to establish that defendant was guilty of harassment under the subdivision charged.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur in memorandum.
Order reversed, etc.