Majority
p. 940The People of the State of New York, Respondent, v Michael A. Sorrentino, Appellant.
— 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.