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The People of the State of New York, Respondent, v. Francis B. Bacon, Appellant
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 NY2d 699; People v Pecorella, 32 NY2d 920; People v Collins, 31 NY2d 878).
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed and the information dismissed in a memorandum.