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IN RE IVAN F
Appellate Division of the Supreme Court of New York, First Department.
Nov 19, 1996
Viewing the evidence in a light most favorable to the presentment agency, especially Family Court's prior finding of respondent's third-degree assault on the same complainant that was then pending for disposition, a rational person could infer that respondent engaged in a course of conduct that intended to be taken, and could reasonably be taken, not as mere name-calling but as a real threat of physical injury ( see, People v Payton, 161 Misc 2d 170, 174-175).
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