People v. Esquilin

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J), rendered December 17, 2004, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously modified, on the facts, to the extent of reducing the conviction to grand larceny in the fourth degree and remanding the matter to the trial court for resentencing, and otherwise affirmed.

Except as indicated, the verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for…