Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum:
Under the fourth count of the indictment, charging criminal mischief in the fourth degree, the People failed to prove by competent evidence that the damage to property exceeded $250 (see Penal Law, § 145.00, subd 2). The judgment of conviction entered upon that count must be reversed and the count must be dismissed. We have reviewed the other issues presented...
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