People v. Sweeney

— Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the memorandum, and defendant remanded to Niagara County Court for resentencing. Memorandum: Defendant’s conviction of grand larceny in the second degree cannot be sustained because the People failed to prove that the value of the stolen property exceeded $1,500. The only proof of value was the victim’s estimate of the value of the various items stolen from *979him. Although evidence of original cost may be supplied by a victim (see, People v Carter, 19 NY2d 967), such evidence is not sufficient proof of…