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PEOPLE v. PERNICIARO

86 A.D.2d 879 (1982)

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 16, 1982

Judgment modified, on the law, by reversing the conviction of harassment and vacating the sentence imposed thereon. As so modified, judgment affirmed and the harassment count of the indictment is dismissed as to defendant Perniciaro.

As in the related case People v Arpino (86 A.D.2d 876), the testimony of the complainant failed to identify which of five individuals allegedly made threats to "break every bone in [his] body...

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