Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered February 17, 2011, convicting him of burglary in the second degree, resisting arrest, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the conviction of criminal mischief in the fourth degree and the sentence imposed thereon, and dismissing that count of the indictment...
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