Opinion
January 20, 1994
Appeal from the Supreme Court, New York County (Clifford A. Scott, J.).
Defendant argues, and the People concede, that defendant's conviction must be reduced to petit larceny since the court's supplemental instructions on the "from the person of another" element of the crime was error (Penal Law § 155.30). However, since defendant already served the maximum time to which he could have been sentenced on the petit larceny conviction, it is unnecessary to remand for sentencing. (People v. Perez, 196 A.D.2d 444, lv denied 82 N.Y.2d 758.)
Concur — Sullivan, J.P., Asch, Rubin, Nardelli and Williams, JJ.