Upon amended remittitur from the Court of Appeals, judgment unanimously modified as a matter of discretion in the interest of justice and as modified the judgment is affirmed.
Memorandum:
On appeal from a judgment convicting him of burglary in the second degree and criminal mischief in the fourth degree, defendant contends that Supreme Court improperly denied his motion to dismiss the indictment pursuant to CPL 30.30. We disagree.
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