People v. Lamb

— Judgment unanimously modified on the law by vacating defendant’s conviction of grand larceny in the second degree and the sentence imposed thereon and dismissing count two of the indictment and as modified affirmed. Memorandum: Although the trial court submitted all four counts of the indictment to the jury, the jury found defendant guilty of counts one, three and four, but failed to render a verdict on count two charging grand larceny in the second degree. The People concede that the jury’s failure to render a verdict on the grand larceny count resulted in an incomplete verdict. When a…