Opinion
Argued October 9, 1974
Decided November 20, 1974
Appeal from the Albany County Court, JOHN J. CLYNE, J.
Katheryn D. Katz and William A. Sekellick for appellant.
Ralph W. Smith, Jr., District Attorney ( Peter L. Rupert of counsel), for respondent.
Order reversed and the complaint dismissed. The evidence did not establish the violation of harassment beyond a reasonable doubt, nor did the conduct involved come within the scope of the statute as written.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.