Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion in the interest of justice, that branch of the defendant's motion which was pursuant to CPL 210.40(1) to dismiss the count of the indictment charging criminal mischief in the third degree in the furtherance of justice is denied, that count of the indictment is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for sentencing.
The defendant...
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