Opinion
October 15, 1990
Appeal from the Supreme Court, Kings County (Coffinas, J.).
Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of grand larceny in the third degree to petit larceny and vacating the sentence; as so modified, the judgment is affirmed.
The People concede that the 1986 amendment to Penal Law § 155.30 (1), which increased the mimimum value of the stolen property required for the crime of grand larceny in the third degree (L 1986, ch 515), should have been applied to the defendant since she was sentenced after the effective date of the amendment (see, People v. Behlog, 74 N.Y.2d 237; People v Samuels, 162 A.D.2d 559; People v. Ortega, 158 A.D.2d 1011). We need not remit for resentencing as the defendant has already served the maximum sentence permitted for petit larceny. Mangano, P.J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.