Judgment modified, on the law, by reversing the conviction and sentence for the crime of tampering with a witness (Penal Law, § 215.10), under count five of the indictment, and dismissing said count. As so modified, judgment affirmed.
There was insufficient evidence as a matter of law to establish, defendant's commission of the crime of tampering with a witness. There was nothing in the proof adduced at trial to indicate that defendant was aware of the fact that...
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