29 N.Y.2d 590 | NY | 1971
Lead Opinion
The judgment should be reversed, the complaint dismissed and the fine remitted.
Dissenting Opinion
The judgment appealed from should be affirmed.
Defendant, apparently distraught over the outcome of a 1964 Family Court proceeding, in which Judge Peterson was the Presiding Judge, sought on two separate occasions to effect a citizen’s arrest of the Judge. The present conviction arises out of the second incident during which the defendant, equipped with a tape recorder and microphone, accosted the Judge in chambers, advised him of the intended arrest and demanded a statement.
Defendant’s conduct in attempting the arrest, quite apart from the question of its legality, was, under the circumstances, beyond reasonable doubt calculated to ‘ ‘ harass, annoy or alarm ’ ’, within the meaning of section 240.25.
Since the evidence was sufficient to support the conviction, I cast my vote for affirmance.
Chief Judge Fuld and Judges Burke, Breitel, Jasen and Gibson concur in memorandum; Judge Sceleppi dissents and votes to affirm in an opinion in which Judge Bergan concurs.
Judgment reversed, complaint dismissed and fine remitted in a memorandum.
