People v. Bacon
| Decision Date | 16 October 1975 |
| Citation | 378 N.Y.S.2d 29,37 N.Y.2d 830 |
| Parties | , 340 N.E.2d 465 The PEOPLE of the State of New York, Respondent, v. Francis B. BACON, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Robert A. Tassio, Peekskill, for appellant.
Carl A. Vergari, Dist. Atty. (Charles A. Brooks, White Plains, of counsel), for respondent.
MEMORANDUM:
Order reversed and the information, charging defendant with harassment in violation of subdivision 2 of section 240.25 of the Penal Law, dismissed. Defendant's intent to harass was not established beyond a reasonable doubt (see People v. Burford, 34 N.Y.2d 699, 356 N.Y.S.2d 616, 313 N.E.2d 74; People v. Pecorella, 32 N.Y.2d 920, 347 N.Y.S.2d 69, 300 N.E.2d 437; People v. Collins, 31 N.Y.2d 878, 340 N.Y.S.2d 183, 292 N.E.2d 319).
Order reversed and the information dismissed in a memorandum.
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4 cases
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People v. O'Leary
...writing a separate opinion concurred in the result but not in declaring the statute unconstitutional citing People v. Bacon, 37 N.Y.2d 830, 378 N.Y.S.2d 29, 340 N.E.2d 465 (go f-- yourself) People v. Sickles, 35 N.Y.2d 792, 362 N.Y.S.2d 458, 321 N.E.2d 549 (defendant gave the finger) People......
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People v. Dietze
...to support a finding that defendant had the requisite intent to "harass" or "annoy" the complainant (compare, People v. Bacon, 37 N.Y.2d 830, 378 N.Y.S.2d 29, 340 N.E.2d 465; People v. Pecorella, 32 N.Y.2d 920, 347 N.Y.S.2d 69, 300 N.E.2d 437). Hence, there being no indication in the statut......
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People v. Burns
...not such conduct which is prohibited under the harassment section (240.25, subdivision 2 of the Penal Law). (See People v. Bacon, 37 N.Y.2d 830, 378 N.Y.S.2d 29, 340 N.E.2d 465; People v. Pecorella, 32 N.Y.2d 920, 347 N.Y.S.2d 69, 300 N.E.2d 437). Abusive as he might have been, there was no......
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People v. Autieri
...920, 347 N.Y.S.2d 69, 300 N.E.2d 437; People v. Burford, 34 N.Y.2d 699, 356 N.Y.S.2d 616, 313 N.E.2d 74 and People v. Bacon, 37 N.Y.2d 830, 378 N.Y.S.2d 29, 340 N.E.2d 465). The Mount Vernon ordinance was clearly enacted to fill a perceived gap in the law created by the judicial interpretat......