Opinion
December 14, 1979
Appeal from the Monroe County Court.
Present — Simons, J.P., Schnepp, Callahan, Doerr and Witmer, JJ.
Judgment unanimously modified, on the law and facts, to reverse the conviction for grand larceny, third degree, under subdivision 5 of section 155.30 Penal of the Penal Law, and for petit larceny, and dismiss Counts Nos. 23, 24 and 25 of the indictment, and, as modified, the judgment affirmed. Same memorandum as in People v Ferguson ( 73 A.D.2d 817).