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PEOPLE v. HOGAN

181 Misc.2d 748 (1998)

698 N.Y.S.2d 388

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANTHONY HOGAN, Respondent.

Supreme Court, Appellate Term, Second Department.

July 7, 1998.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County (Nancy E. Talcott and Leonard Joblove of counsel), for appellant.

Legal Aid Society, New York City (Svetlana Kornfeind of counsel), for respondent.

ARONIN and PATTERSON, JJ., concur; SCHOLNICK, J. P., dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed.

The information charging defendant with harasment in the second degree and criminal contempt in the second degree contained the following factual allegations:

"THE DEPONENT IS INFORMED BY GINA MOFFETT, THAT AT THE ABOVE TIME AND PLACE, THE DEFENDANT DID ENGAGE IN A VERBAL DISPUTE WITH INFORMANT AND DID CALL INFORMANT A FUCKING BITCH...

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