People v. Harp

— Order unanimously affirmed. Memorandum: Defendant was charged in a two-count indictment with committing the crimes of grand larceny in the third degree (a class E felony) and petit larceny (a class A misdemeanor). The jury found defendant guilty of the petit larceny, and he was sentenced to serve a one-year term of imprisonment. Defendant moved, pursuant to CPL 440.20, to set aside the sentence on the ground that it was invalid. He argued that since the People had not filed a second crime offender statement pursuant to CPL 400.14, and he had not waived such a filing, the maximum sentence…