Order unanimously affirmed.
Memorandum:
Defendant was charged in a two-count indictment with committing the crimes of grand larceny in the third degree (a class E felony) and petit larceny (a class A misdemeanor). The jury found defendant guilty of the petit larceny, and he was sentenced to serve a one-year term of imprisonment. Defendant moved, pursuant to CPL 440.20, to set aside the sentence on the ground that it was invalid. He argued that since the People...
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