OPINION OF THE COURT
JOSEPH KEVIN McKAY, J.
Defendant's written CPL 330.30 (1) application to set aside one count of the jury trial verdict which convicted him of criminal mischief in the fourth degree (Penal Law § 145.00 [4]) was granted by this court, over the People's written and oral opposition, on the record in open court on February 10, 2012.
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