Opinion
December 30, 1991
Appeal from the Supreme Court, Queens County, Browne, J., Pitaro, J.
Ordered that the judgments and the amended judgment are affirmed.
With respect to the defendant's conviction of grand larceny in the second degree under Indictment Number 2936/88, the defendant admits that he engaged in one single criminal transaction between July 1, 1985, and December 1, 1987, during which he stole over $50,000 from the same victim. Therefore, assuming without deciding that the issue of whether he was properly convicted of grand larceny in the second degree is properly before us on this appeal from the amended judgment (cf., People v Manino, 90 A.D.2d 777), we note that since the crime of which he was convicted was not completed until after November 1, 1986, he was properly prosecuted under Penal Law § 155.40, as amended (L 1986, ch 515; see, People v Rosich, 170 A.D.2d 703). The sentence imposed upon his conviction of this crime was legal, and it, as well as the other sentences imposed under Indictment Numbers 2301/89 and 3676/89, were fully warranted under the circumstances of this case (see, People v Felman, 141 A.D.2d 889; cf., Bearden v Georgia, 461 U.S. 660). Thompson, J.P., Bracken, Harwood and Miller, JJ., concur.