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PEOPLE v. SANTOS

38 N.Y.2d 173 (1975)

The People of the State of New York, Respondent, v. Jose Santos, Appellant.

Court of Appeals of the State of New York.

Decided December 4, 1975.

Attorney(s) appearing for the Case

James M. Weinraub for appellant.

Eugene Gold, District Attorney (Elliott Schulder and Martin I. Saperstein of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES and FUCHSBERG concur in Per Curiam opinion; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Judges GABRIELLI and COOKE concur.

Per Curiam.

The order of the Appellate Term should be reversed and the complaint dismissed.

The unreported dissenting memorandum opinion of Mr. Justice JOHN E. CONE at the Appellate Term states the essential issue and the underlying grounds for his view: "On this appeal from a conviction for aggravated harassment (Penal Law, § 240.30), the question presented...

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