PEOPLE v. ALVAREZ


66 Misc.2d 205 (1971)

The People of the State of New York, Respondent, v. Frank Alvarez, Appellant.

Supreme Court, Appellate Term, First Department.

January 25, 1971


Attorney(s) appearing for the Case

Henesy, Kerwick & Hodges (Barry Manson of counsel), for appellant. Frank S. Hogan, District Attorney (Lewis R. Friedman and David Otis Fuller, Jr., of counsel), for respondent.

Concur — LUPIANO, J. P., STREIT and GOLD, JJ.


Per Curiam.

The District Attorney candidly concedes on this appeal that the conviction for disorderly conduct should be reversed because it may not be considered included in the violation of harassment, with which defendant was charged. Disorderly conduct requires proof of an element — "intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof" (Penal Law, § 240.20) — which is not required to establish...

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