Court of Appeals of the State of New York.
Decided December 19, 2000.
Before: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Order modified by dismissing the accusatory instrument charging criminal mischief in the fourth degree and remitting to North Collins Town Court for resentencing (CPL 470.20[3]) and, as so modified, affirmed, in a memorandum.