People v. Wood
This text of 451 N.E.2d 485 (People v. Wood) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[812]*812OPINION OF THE COURT
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 alarmfed] or seriously annoy[ed]” another person and -had no legitimate purpose. (Penal Law, § 240.25, subd 5; People v Chasserot, 30 NY2d 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.
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Cite This Page — Counsel Stack
451 N.E.2d 485, 59 N.Y.2d 811, 464 N.Y.S.2d 738, 1983 N.Y. LEXIS 3148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wood-ny-1983.