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YVETTE H. v. MICHAEL G.

270 A.D.2d 123 (2000)

704 N.Y.S.2d 573

YVETTE H., Respondent, v. MICHAEL G., Appellant.

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

Decided March 21, 2000.

The finding of harassment in the second degree (Penal Law § 240.26 [3]) is supported by the evidence of respondent's threat against petitioner and of the prior order of protection in favor of petitioner and against respondent (cf., People v Hogan, 172 Misc.2d 279, 282). The finding of menacing in the third degree (Penal Law § 120.15) is supported by the threat and the fright caused by respondent's unexpected presence...

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