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PEOPLE v. VIAU

50 N.Y.2d 1052 (1980)

The People of the State of New York, Respondent, v. Paul H. Viau, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1980.

Attorney(s) appearing for the Case

Frank R. Bell for appellant.

Richard J. Shay, District Attorney (Karen F. McGee of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur; Chief Judge COOKE concurs in result in a separate opinion in which Judge WACHTLER concurs.

MEMORANDUM.

The order of the Cortland County Court should be reversed and the information should be dismissed.

Until amended by chapter 290 of the Laws of 1969, subdivision 1 of section 240.30 of the Penal Law covered only a person who "communicates with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication". Chapter 290 added after the word "communicates...

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