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PEOPLE v. DEIGNAN

116 Misc.2d 955 (1982)

The People of the State of New York, Plaintiff, v. Michael L. Deignan, Defendant. The People of the State of New York, Plaintiff, v. Michael J. Mulcahey, Defendant. The People of the State of New York, Plaintiff, v. Randy J. Mulcahey, Defendant.

City Court of Oswego, Oswego County.

November 29, 1982

Attorney(s) appearing for the Case

Richard C. Mitchell, Jr., for Michael Deignan, defendant. John T. Sullivan for Michael J. Mulcahey and another, defendants.

FRANK M. KLINGER, J.

Each of these cases present two questions of law, the first of which there is not a great deal of New York State case law concerning and the second of which there is apparently a substantial division among the lower courts of this State. The questions relate to the alleged violation of "harassment" (Penal Law, § 240.25, subd 2). First, what constitutes a public place within the meaning of section 240.00? Second, can abusive or...

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