Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of one count of scheme to defraud in the first degree (Penal Law § 190.65), eight counts of fraud in the sale of securities (General Business Law § 352-c [b]), one count of failing to file an offering prospectus (General Business Law § 352-e [1] [a]; § 359-g [2]) and one count of employing unfiled...
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