Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the conviction of criminal mischief in the third degree under the first count of the indictment, vacating the sentence imposed thereon, dismissing that count of the indictment, and vacating the sentence imposed upon the conviction of criminal mischief in the fourth degree under the second count of the indictment; as so modified, the judgment is affirmed...
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