People v. DiMattina

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered October 2, 1997, convicting him of petit larceny (two counts), prohibited political assessments in violation of Civil Service Law § 107 (3), and official misconduct (three counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the conviction of official misconduct under count nine of the indictment and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant’s conviction of official misconduct…