Judgment unanimously reversed on the law and new trial granted.
Memorandum:
On this appeal from a judgment convicting defendant of criminal mischief in the third degree, he contends that the trial court erred in denying his request to charge criminal mischief in the fourth degree (Penal Law § 145.00 [3] [recklessly damaging the property of another]) as a lesser included offense. We agree.
Defendant's girlfriend, who owned the vehicle that was...
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