Judgment modified, as a matter of discretion in the interest of justice, by reducing the conviction of grand larceny in the third degree to one of petit larceny. As so modified, judgment affirmed.
We agree with the defendant that the indictment was insufficient to support his conviction of grand larceny in the third degree accomplished by extortion (see Penal Law, §§ 155.45; 155.30, subd 6 [L 1969, ch 115, § 3]). This is conceded, with commendable candor...
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