A town justice on Thursday dismissed the harassment charge against U.S. Rep. Maurice Hinchey that was filed by a man who claimed the congressman struck him on the head during the Rosendale Street Festival.You can be sure if Lendvay hit him back he'd be facing assault charges.
The judge, Robert N. Vosper Jr., said the alleged action did not rise to the level of criminal prosecution. He also cited the probability that no charge would have been filed had Hinchey, D-Hurley, not been a public official.
Vosper, in a decision dated Wednesday but not handed down until Thursday afternoon, said Hinchey should not be held to "any higher standard than any other citizen” and that “the issue before this court would have probably not arisen if it had not been that the (accused) was our area congressman.”
Vosper also wrote that the prosecution conceded the "offense is ... not a crime" and that "no injury" was caused when Hinchey was allegedly struck High Falls resident Paul Lendvay on the head during the Rosendale festival on July 19.
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Lendvay, chairman of the Catskill Regional Friends of the National Rifle Association, alleged in his complaint against Hinchey that the congressman struck him during an argument at the NRA's table at the street festival.
According to Lendvay’s account, the incident began when Hinchey approached the table and picked up a gun that was on display. Lendvay said he told the congressman to put the gun down — because part of the NRA's agreement with Rosendale police was that no one except the people manning the table would be allowed to touch the weapons — and when Hinchey "took his sweet time" in obliging, an argument ensued.
Lendvay said he then offered to sell Hinchey a ticket to an NRA banquet, Hinchey said he already had one, and Lendvay called him a liar — prompting an exchange of profanities.
During the argument, Lendvay alleged, Hinchey approached him where he sat and "hit me on the top of my head."
Hinchey is a notorious crackpot, once suggesting Jeff Gannon was behind Rathergate before claiming Karl Rove was involved.
Hinchey, along with the irritating and obnoxious Chuckie Schumer, also seems hot to reimpose restrictions on free speech with the absurd Fairness Doctrine.
Sen. Charles E. Schumer (D-N.Y.) is another lawmaker who has expressed an interest in bringing back the rules. Rep. Maurice D. Hinchey (D-N.Y.) has considered reintroducing a media ownership reform law, to try to expand and diversify control of radio and television outlets. But it's unclear whether that measure would include a Fairness Doctrine, as an earlier Hinchey proposal did.
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