PEOPLE v. PERNICIARO


58 N.Y.2d 751 (1982)

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

Court of Appeals of the State of New York.

Decided December 15, 1982.


Attorney(s) appearing for the Case

Paula G. de Dominici and Charles F. Murphy for appellant.

John J. Santucci, District Attorney (Michael J. Connolly of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed and the indictment dismissed.

Defendant was convicted, after a nonjury trial, of reckless endangerment in the second degree and harassment. The Appellate Division modified by reversing the conviction for harassment and dismissing that count of the indictment on the ground that it was not proved beyond a reasonable doubt....

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