People v. Hunter

—Judgment, Supreme Court, Bronx County (William H. Wallace, III, J.), rendered September 10, 1991, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a persistent felony offender, to 15 years to life, unanimously modified, on the law, to vacate the sentence and the matter is remanded for a new persistent felony offender proceeding, and otherwise affirmed.

Since defendant made no explicit request to submit unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [1]) as a lesser included offense of grand larceny in the fourth…