Ordered that the judgment is modified, on the law, by vacating the conviction of assault in the third degree under count nine of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's contention regarding any error in the admission of certain testimony of the fire marshal was not preserved for appellate review and, under the circumstances, we decline to address it...
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