People v. Davis

Judgment of the Supreme Court, New York County (Norman C. Ryp, J.), rendered on August 15, 1985, convicting defendant, following a jury trial, of grand larceny in the third degree and sentencing him to a definite term of six months plus 4 Vz years’ probation, is modified on the law, the sentence vacated and the matter remanded for resentencing, and, as so modified, the judgment is otherwise affirmed.

Following a jury trial held in connection with the instant matter, defendant was convicted of grand larceny in the third degree as the result of an incident which occurred on August 16, 1983. On…