People v. David

Appeal by the defendant from a *278judgment of the County Court, Rockland County (Meehan, J.), rendered July 23, 1986, convicting him of criminal mischief in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the conviction of criminal mischief in the third degree to one of criminal mischief in the fourth degree; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Rockland County, for resentencing.

In order to convict the defendant of criminal mischief in the third degree under Penal Law…