People v. Rosado

*244OPINION OF THE COURT

Harold J. Rothwax, J.

The defendant herein was indicted for the felonies of robbery in the first and second degrees (Penal Law §§ 160.15, 160.10) and grand larceny in the fourth degree (Penal Law § 155.30 [5]). The defendant was acquitted, after trial by jury, of all felony counts but was convicted of petit larceny (Penal Law § 155.25), a class A misdemeanor submitted to the jury as a lesser offense included within the grand larceny charge. Following defendant’s conviction, the District Attorney moved, for the first time, that defendant be sentenced as a second crime…