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PEOPLE v. SMITH

89 Misc.2d 789 (1977)

The People of the State of New York, Respondent, v. Francis J. Smith, Appellant.

Supreme Court, Appellate Term, Second Department.

February 16, 1977

Attorney(s) appearing for the Case

Francis J. Smith, appellant pro se. Carl A. Vergari, District Attorney, for respondent.

Concur: FARLEY, P. J., PITTONI and SILBERMAN, JJ.

MEMORANDUM.

Judgment of conviction affirmed. Defendant appeals from a judgment convicting him, after a jury trial, of aggravated harassment (Penal Law, § 240.30). Prior to trial, defendant moved to dismiss the information on the ground that the statute defining the offense is unconstitutionally vague and overbroad.

Defendant called the desk officer at the White Plains Police Department on June 23, 1974, in...

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