The finding of harassment in the second degree (Penal Law § 240.26[3]) is supported by the evidence of respondent's threat against petitioner and of the prior order of protection in favor of petitioner and against respondent (cf., People v. Hogan, 172 Misc.2d 279, 282). The finding of menacing in the third degree (Penal Law § 120.15) is supported by the threat and the fright caused by respondent's unexpected presence, resulting in petitioner's need to run away.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.