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PEOPLE v. WOOD

260 A.D.2d 102 (1999)

698 N.Y.S.2d 122

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY WOOD, Appellant.

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

November 12, 1999.

Attorney(s) appearing for the Case

R. Adrian Solomon, Rochester, for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Patrick H. Fierro of counsel), for respondent.

GREEN, J. P., and BALIO, J., concur with CALLAHAN, J.; WISNER and PINE, JJ., dissent in part and vote to affirm in a separate opinion by WISNER, J.

OPINION OF THE COURT

CALLAHAN, J.

Defendant was convicted following a jury trial of five counts each of criminal contempt in the first degree (Penal Law § 215.51 [c]) and aggravated harassment in the second degree (Penal Law § 240.30 [2]). The conviction arises from defendant having telephoned his ex-wife on five occasions on December 25, 1996 with no purpose of communication and in violation of...

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