Judgment unanimously modified on the law and as modified affirmed and defendant remanded to Oneida County Court for resentencing, all in accordance with the following memorandum: The indictment charged that on February 26, 1985 defendant committed the crime of grand larceny in the third degree, a class E felony under Penal Law § 155.30. At that time, the statute defined grand larceny in the third degree as a theft of property the value of which exceeds $250. By amendment...
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