Judgment modified, on the law, (1) by striking out so much thereof as convicted defendant of reckless driving and (2) by substituting therefor a provision dismissing the third count in the indictment. As so modified, judgment affirmed. The findings of fact implicit in the verdict are affirmed.
Since the first and third counts were based on the same inseparable acts as shown by the proof, the conviction under the third count constituted double jeopardy (Penal Law,...
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