New York Court of Appeals, 1983

People v. Valerio

New York Court of Appeals · Decided September 22, 1983 · Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons Concur

60 N.Y.2d 669; 455 N.E.2d 659; 468 N.Y.S.2d 100; 1983 N.Y. LEXIS 3372

Cases that cite this one

10 later published cases cite this decision.

The People v. Jonaiki Martinez Estrella (N.Y. 2024)
People v. Amin (New York Supreme Court, New York County 2024)
C.F. v. J.D. (New York Supreme Court, New York County 2024)
Matter of Wandersee v. Pretto (Appellate Division of the Supreme Court of New York 2020)
Matter of Ramdhanie v. Ramdhanie (Appellate Division of the Supreme Court of New York 2015)
People v. Collezo (Appellate Division of the Supreme Court of New York 2015)
Sirlin v. Town of New Castle (Appellate Division of the Supreme Court of New York 2006)
Sirlin v. Town of New Castle (Appellate Division of the Supreme Court of New York 2005)
People v. Hogan (Criminal Court of the City of New York 1997)
People v. Henry (Appellate Division of the Supreme Court of New York 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

.The order of Ontario County Court should be reversed, defendant’s conviction vacated, and the accusatory instrument dismissed.

Defendant was convicted under subdivision 5 of section 240.25 of the Penal Law which provides:

*670 “A person is guilty of harassment when, with intent to harass, annoy or alarm another person:

* * *

“5. He engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.”

The proof was that while picketing on the opposite side of the street from a union headquarters, defendant pointed to a union official as he left the building and stated publicly in a loud voice, “There is the corruption I am talking about * * * and there is one of the corrupt ones.” This constitutes proof of neither the course of conduct nor the repeated commission of acts proscribed by the statute. Accordingly, the violation of harassment was not established beyond a reasonable doubt (People v Otto, 40 NY2d 864).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, conviction vacated and accusatory instrument dismissed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.