It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of scheme to defraud in the first degree, vacating the sentence imposed thereon and dismissing count two of the indictment and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment of Monroe County Court convicting him upon his plea of guilty of grand larceny in the third...
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