Ordered that the judgment is modified, on the law, by reducing the conviction of criminal mischief in the second degree to criminal mischief in the third degree; as so modified, the judgment is affirmed.
The defendant argues that the People failed to prove him guilty of criminal mischief in the second degree beyond a reasonable doubt since the trial evidence did not establish damage to the burglarized jewelry store in excess of $1,500. We agree. The only person who...
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