People v. Bacon (37 N.Y.2d 830, 1975)

Memorandum. Order reversed and the information, charging defendant with harassment in violation of subdivision 2 of section 240.25 of the Penal Law, dismissed. Defendant’s intent to harass was not established beyond a reasonable doubt (see People v Burford, 34 NY2d 699; People v Pecorella, 32 NY2d 920; People v Collins, 31 NY2d 878).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order reversed and the information dismissed in a memorandum.