Ordered that the sentence is modified, on the law, by reducing the term of imprisonment imposed on the conviction for criminal mischief in the third degree from 1½ to 3 years imprisonment to 1 to 3 years imprisonment; as so modified, the sentence is affirmed.
The court erred in sentencing the defendant to 1½ to 3 years imprisonment for criminal mischief in the third degree. This crime is not a violent felony, and the defendant was not found to be a prior...
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