Ordered that the judgment is modified, on the law, by (1) reducing the conviction of attempted grand larceny in the third degree to attempted grand larceny in the fourth degree, and (2) reducing the conviction of criminal mischief in the third degree to criminal mischief in the fourth degree; as so modified, the judgment is affirmed.
The defendant was arrested based on a police officer's observation of him using a screwdriver to break into a motor vehicle. The indictment...
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