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PEOPLE v. CARVELAS

75 Misc.2d 616 (1973)

The People of the State of New York, Respondent, v. John Carvelas, Appellant.

Supreme Court, Appellate Term, First Department.

September 26, 1973

Attorney(s) appearing for the Case

William E. Hellerstein, Robert Kasanof and James G. Mauro Jr., for appellant. Frank S. Hogan, District Attorney (Lewis R. Friedman and Alan L. Kovacs of counsel), for respondent. Cohn, Glickstein, Lurie, Ostrin & Lubell for Hotel Motel and Club Employees Union, Local No. 6 AFL-CIO, amicus curiae.

LUPIANO and QUINN, JJ., concur in Per Curiam opinion; MARKOWITZ, P. J., dissents in memorandum.

Per Curiam.

Defendant was charged with assault in the third degree arising out of his striking the complainant and with harassment in his threatening to "get" the complainant. Similar harassing conduct directed against a different complainant by this defendant and by defendant James Manos is the subject of two companion appeals (Nos. 212 and 541 of June, 1973). Having been acquitted of the assault charge and found guilty of two counts of harassment, defendant...

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