Judgment modified, on the law, by reducing the conviction of grand larceny in the third degree under the fourth count of the indictment to one of petit larceny. As so modified, judgment affirmed.
The People proved beyond a reasonable doubt, as the jury found, that defendant had burglarized Z Brothers Garage and had stolen therefrom $35 in cash, a new car battery worth $60, and some tools. Mr. Zoccali testified that he had purchased the tools for $750 to $800. There...
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