Judgment modified, on the law, by reversing the conviction of unauthorized use of a vehicle, and the sentence imposed thereon, and said count is dismissed. As so modified, judgment affirmed and the case is remanded to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). Count four of the indictment, charging defendant with the unauthorized use of a vehicle pursuant to subdivision 1 of section 165.05 of the Penal Law, is a lesser included...
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