Opinion
March 23, 1998
Appeal from the County Court, Westchester County (Lange, J.).
Ordered that the judgment is modified, on the law, by reducing the defendant's conviction for grand larceny in the fourth degree to petit larceny; as so modified, the judgment is affirmed.
Since the evidence failed to establish the value of the stolen items so as to sustain the defendant's conviction of grand larceny in the fourth degree (Penal Law § 155.30), we reduce that conviction to petit larceny, which requires no proof of value (Penal Law § 155.25; see, People v. Angelo, 226 A.D.2d 735).
There is no need to remit the matter for resentencing since the defendant has already served the maximum time to which he could have been sentenced on his conviction of the reduced offense (see, People v. Duran, 238 A.D.2d 351).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.