People v. Oliphant

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rubin, J.), rendered June 28, 1983, convicting him of attempted grand larceny in the second degree, criminal mischief in the second degree, possession of burglar’s tools, and criminal trespass in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by reducing the conviction of attempted grand larceny in the second degree to one of attempted petit larceny, and by reducing the conviction of criminal…