Opinion
October 14, 1980
Appeal by defendant, as limited by his motion, from a sentence of the County Court, Rockland County, imposed December 20, 1979, upon his conviction of grand larceny in the third degree, upon his plea of guilty, the sentence being a period of imprisonment of 60 days, to run concurrently with a period of probation of five years, with a direction that defendant make restitution. Sentence modified, as a matter of discretion in the interest of justice, by deleting therefrom the 60-day prison term. As so modified, sentence affirmed, and case remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (subd 5). The sentence was excessive to the extent indicated. Gulotta, J.P., Cohalan, Margett and Martuscello, JJ., concur.