Opinion
July 13, 1970
Appeal by defendant from a judgment of Supreme Court, Richmond County, rendered January 31, 1969 on resentence, upon a conviction of burglary in the third degree and grand larceny in the first degree, upon a jury verdict, sentencing him to concurrent prison terms of 2 1/2 to 5 years. Judgment modified, on the law and the facts, by reducing (1) the conviction of grand larceny in the first degree to petit larceny and (2) the term of the sentence upon that count to one year. As so modified, judgment affirmed. In our opinion, the People failed to establish the value of the stolen property; therefore, the conviction on the count for grand larceny in the first degree should not have been for the full extent of that charge, but rather petit larceny. Munder, Acting, P.J., Latham, Kleinfeld, Brennan and Benjamin, JJ., concur.