Order unanimously modified and, as modified, affirmed, without costs.
Memorandum:
In 1976 and 1977 defendant was employed as an account clerk in the Buffalo office of the New York State Department of Taxation and Finance. During that time cash shortages were discovered and defendant was subsequently charged with the loss, the indictment containing 22 specific counts of wrongdoing. He was acquitted of all charges in 1979. The State was reimbursed for the lost...
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