People v. Kirkland

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to that Court for consideration of the facts (see, CPL 470.25 [2] [d]; 470.40 [2] [b]).

After a jury trial, defendant was convicted of two counts of grand larceny in the fourth degree and two counts of petit larceny. Defendant was sentenced to two to four years’ imprisonment on each felony count and one year on each misdemeanor count, with all of the terms to run concurrently.

Prior to trial, defendant moved to preclude identification evidence on the ground that the People provided…