People v. Batista

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered December 4, 1985, convicting him of burglary in the third degree, criminal possession of stolen property in the second degree, grand larceny in the third degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, (1) by reducing the conviction of grand larceny in the third degree (Penal Law former § 155.30 [1]), to one of petit larceny (Penal Law § 155.25), and vacating the sentence imposed thereon, and (2)…