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...
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