Casey, J.Page 745
Mikoll, Mercure and Peters, JJ., concur; Cardona, P.J., not taking part. Ordered that the judgment is modified, on the law, by reducing defendant's conviction of criminal mischief in the third degree to criminal mischief in the fourth degree; matter remitted to the County Court of Rensselaer County for resentencing; and, as so modified, affirmed.