People v. Avino

*1252Appeal from a judgment of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), rendered March 25, 2003. The judgment convicted defendant, upon a jury verdict, of grand larceny in the second degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice and on the law by reducing the conviction of grand larceny in the second degree (Penal Law § 155.40 [1]) under count one of the indictment to grand larceny in the third degree (§ 155.35) and vacating the sentence imposed on…