Opinion
August 19, 1993
Appeal from the Supreme Court, Bronx County (George D. Covington, J.).
Although the evidence was sufficient to support defendant's guilt of petit larceny in connection with the first incident, the complainant's estimate of the value of the stolen property as "at least about $2,000", without more, was insufficient to prove that defendant stole property that exceeded $1,000 in value (see, People v Selassie, 166 A.D.2d 358, lv denied 77 N.Y.2d 911). It is unnecessary to remand for resentencing since defendant has already served the maximum time to which he could have been sentenced on the petit larceny conviction (supra).
Contrary to defendant's argument, the People's evidence with regard to the assault in the second degree and criminal possession of stolen property in the fifth degree charges was sufficient to support the jury's finding beyond a reasonable doubt that defendant, acting in concert with the codefendant, committed those crimes (People v Bleakley, 69 N.Y.2d 490).
We have considered defendant's additional claims of error and find them to be meritless.
Concur — Murphy, P.J., Rosenberger, Kupferman, Kassal and Nardelli, JJ.