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People v. Wood

Court of Appeals of the State of New York
Jun 7, 1983
59 N.Y.2d 811 (N.Y. 1983)

Summary

holding that an isolated incident could not support a conviction for second degree harassment

Summary of this case from Amore v. City of Ithaca

Opinion

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.


Summaries of

People v. Wood

Court of Appeals of the State of New York
Jun 7, 1983
59 N.Y.2d 811 (N.Y. 1983)

holding that an isolated incident could not support a conviction for second degree harassment

Summary of this case from Amore v. City of Ithaca

stating that harassment cannot be established without the presentation of evidence that defendant's conduct was more than an isolated incident

Summary of this case from Brown v. City of Oneonta, N.Y.
Case details for

People v. Wood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLET J. WOOD…

Court:Court of Appeals of the State of New York

Date published: Jun 7, 1983

Citations

59 N.Y.2d 811 (N.Y. 1983)
464 N.Y.S.2d 738
451 N.E.2d 485

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