People v. Garris
This text of 99 A.D.2d 651 (People v. Garris) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 AD2d 953; People v Clark, 91 AD2d 1102; Penal Law, § 155.20, subd 4; §§ 155.25, 155.30). (Appeal from judgment of Erie County Court, Wolfgang, J. — burglary, third degree.) Present — Dillon, P. J., Callahan, Doerr, Denman and Moule, JJ.
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Cite This Page — Counsel Stack
99 A.D.2d 651, 472 N.Y.S.2d 229, 1984 N.Y. App. Div. LEXIS 16895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garris-nyappdiv-1984.