It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and the indictment is dismissed without prejudice to the People to file any appropriate charges.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal mischief in the fourth degree (Penal Law § 145.00[3]) arising from allegations that defendant caused damage to a newly resurfaced road that was under repair by spinning the tires of...
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