Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered March 5, 1970, convicting him of criminal possession of stolen property in the second degree, upon a jury verdict, and sentencing him to the State Department of Correction for a maximum term of three years. Judgment modified, on the law and the facts, by reducing the conviction to criminal possession of stolen property in the third degree, and case remanded to the trial court for resentence. In our opinion the evidence was legally insufficient to establish defendant's guilt of criminal possession of stolen property in the second degree. There was no proof that at the time of the commission of the crime the value of the vehicle exceeded $250 (Penal Law, § 165.45). However, in our opinion, the proof adduced at trial was sufficient to establish defendant's guilt of criminal possession of stolen property in the third degree (Penal Law, § 165.40). The judgment should accordingly be modified by reducing the conviction to criminal possession of stolen property in the third degree and the case remanded for resentence (Code Crim. Pro., § 543, subd. 2). Rabin, Acting P.J., Munder, Martuscello, Kleinfeld and Benjamin, JJ., concur.