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PEOPLE v. HILLS

95 N.Y.2d 947 (2000)

745 N.E.2d 379

722 N.Y.S.2d 460

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANN BETH HILLS, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 2000.

Attorney(s) appearing for the Case

Glenn Edward Murray, Buffalo, for appellant.

Frank J. Clark, District Attorney of Erie County, Buffalo (Don I. Dally and J. Michael Marion of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the County Court should be modified to the extent of dismissing the accusatory instrument charging criminal mischief in the fourth degree and remitting to Town Court for resentencing and, as so modified, affirmed.

In the midst of a dispute with her neighbor over the border of their properties, defendant pulled a marker stake from the ground and threw it several feet, after a surveyor hired by the neighbor...

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