People v. Malcolm

Hinds-Radix, J.,

concurs in part and dissents in part, and votes to modify the judgment, on the law, by reducing the defendant’s conviction of grand larceny in the fourth degree to petit larceny, and vacating the sentence imposed on that count, and as so modified, to affirm the judgment, with the following memorandum: The defendant stands convicted of grand larceny in the fourth degree (Penal Law § 155.30 [1]) relating to three instances of shoplifting from a Home Depot store occurring on August 5, 2012, August 13, 2012, and August 20, 2012, respectively. His conviction is based upon a theory…