It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the facts and on the law by reversing that part convicting defendant of criminal mischief in the fourth degree and dismissing count two of the indictment and as modified the judgment is affirmed, and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him upon a...
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