Opinion
December 31, 1975
Appeal by defendant from a judgment of the County Court, Nassau County, rendered September 30, 1974, convicting him of criminal mischief in the second degree, after a nonjury trial, and imposing sentence. Judgment reversed, on the law and the facts, and indictment dismissed. The circumstantial evidence upon which defendant was convicted failed to exclude to a moral certainty every reasonable hypothesis of innocence. Hopkins, Acting P.J., Cohalan, Christ, Munder and Shapiro, JJ., concur.