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People v. Napoletano

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1970
35 A.D.2d 559 (N.Y. App. Div. 1970)

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.


Summaries of

People v. Napoletano

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1970
35 A.D.2d 559 (N.Y. App. Div. 1970)
Case details for

People v. Napoletano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW NAPOLETANO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 13, 1970

Citations

35 A.D.2d 559 (N.Y. App. Div. 1970)

Citing Cases

People v. Jenkins

20, subd 3) and, of course, the lesser degree then applies (cf. People v Napoletano, 35 A.D.2d 559; People v…