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, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for resentencing for criminal mischief in the third degree. No questions of fact have been raised or considered.
The defendant contends that the evidence at trial...
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