Ordered that the judgment is modified, on the facts, by vacating the conviction of driving without adequate brakes under count three of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court determined his motion for a trial order of dismissal with respect to count one of the indictment. Moreover, the Supreme Court properly...
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