People v. Behlog

OPINION OF THE COURT

Hancock, Jr., J.

This appeal presents the question whether the amendment to Penal Law § 155.30 (1), increasing the minimum value of the property stolen required for the crime of grand larceny, third degree (now fourth degree; see, L 1986, ch 515 [raising required minimum to $1,000 from $250]), is an ameliorative change which should be applied "retroactively”1 to a defendant who had not been sentenced at the time of the amendment’s effective date. We agree with the Appellate Division that it is ameliorative and, accordingly, affirm.

Two security guards observed defendant and…