Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that the evidence was insufficient to sustain his conviction of criminal impersonation in the second degree. We agree. Penal Law § 190.25 (1) states that a person is guilty of criminal impersonation in the second degree when he "[i]mpersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or...
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