People v. McBride

Appellate Division of the Supreme Court of New York

People v. McBride

248 A.D.2d 641, 669 N.Y.S.2d 952, 1998 N.Y. App. Div. LEXIS 2842

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 23, 1998

StatusPublished

Cited by1 cases

This text of 248 A.D.2d 641 (People v. McBride) 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.

Bluebook

People v. McBride, 248 A.D.2d 641, 669 N.Y.S.2d 952, 1998 N.Y. App. Div. LEXIS 2842 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester [642]*642County (Lange, J.), rendered September 22, 1995, convicting him of burglary in the second degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the defendant’s conviction for grand larceny in the fourth degree to petit larceny; as so modified, the judgment is affirmed.

Since the evidence failed to establish the value of the stolen items so as to sustain the defendant’s conviction of grand larceny in the fourth degree (Penal Law § 155.30 [1]), we reduce that conviction to petit larceny, which requires no proof of value (Penal Law § 155.25; see, People v Angelo, 226 AD2d 735).

There is no need to remit the matter for resentencing since the defendant has already served the maximum time to which he could have been sentenced on his conviction of the reduced offense (see, People v Duran, 238 AD2d 351).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit.

Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.

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