People v. Bowers

— Judgment unanimously modified on the law and as modified affirmed and defendant remanded to Yates County Court for resentencing, all in accordance with the following memorandum: On January 22, 1987, defendant pleaded guilty to grand larceny in the third degree and sexual abuse in the first degree in full satisfaction of charges in two separate indictments. He was sentenced as a second felony offender to concurrent terms of imprisonment of 2 to 4 years. On appeal, defendant contends that his conviction for grand larceny in the third degree should be reduced to petit larceny. We agree.

The…