
    The People of the State of New York, Respondent, v. George Jemzura, Appellant.
    Argued June 9, 1971;
    decided July 7, 1971.
    
      George J emsura, appellant in person.
    
      Irad 8. Ingraham, District Attorney, for respondent.
   Memorandum.

Defendant, following an attempt to make a

The judgment should be reversed, the complaint dismissed and the fine remitted.

Scileppi, J. (dissenting).

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.  