People v. Van Etten

Judgment unanimously modified, on the law and facts, in accordance with memorandum and, as modified, affirmed and defendant remanded to Supreme Court, Erie County, for resentencing. Memorandum: Defendant’s conviction of grand larceny in the second degree (Penal Law, § 155.35) cannot be sustained because the People failed to prove beyond a reasonable doubt that the value of stolen jewelry exceeded $1,500. Market value or replacement cost, not original cost of the stolen property, is required to sustain a larceny conviction (Penal Law, § 155.20, subd 1; People v Harold, 22 NY2d 443, 445).…