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PEOPLE v. McDONALD

26 A.D.2d 822 (1966)

The People of the State of New York, Respondent, v. James McDonald, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 10, 1966

Judgment modified, on the law and facts, by reducing the conviction of grand larceny in the second degree to petit larceny and by changing the sentence as to that count to a direction that sentence is suspended. As so modified, judgment affirmed.

In our opinion, there was no proof that the stolen articles had a market value of more than $100 (see Penal Law, § 1305; People v. Irrizari, 5 N.Y.2d 142

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