People v. Valerio

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:

“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,…