Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the conviction of insurance fraud in the third degree under count 57 of the indictment and the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
As the People concede, the defendant's conviction of insurance fraud in the third degree under count 57 of the indictment should be vacated and that count...
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