Opinion
January 27, 1984
Appeal from the Erie County Court, Wolfgang, J.
Present — Dillon, P.J., Callahan, Doerr, Denman and Moule, JJ.
Judgment unanimously modified, on the law and facts, in accordance with memorandum, and, as modified, affirmed and defendant remanded to Erie County Court for resentencing. Memorandum: The proof at trial failed to establish that the value of articles of clothing stolen during the burglary was in excess of $250; therefore, the conviction for grand larceny in the third degree must be reduced to petit larceny ( People v Van Etten, 94 A.D.2d 953; People v Clark, 91 A.D.2d 1102; Penal Law, § 155.20, subd 4; §§ 155.25, 155.30).