Defendant argues, and the People concede, that defendant's conviction must be reduced to petit larceny since the court's supplemental instructions on the "from the person of another" element of the crime was error (Penal Law § 155.30 [5]). However, since defendant already served the maximum time to which he could have been sentenced on the petit larceny conviction, it is unnecessary to remand for sentencing. (People v Perez,
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PEOPLE v. HOLLINS
200 A.D.2d 501 (1994)
608 N.Y.S.2d 814
The People of the State of New York, Respondent, v. Kenneth Hollins, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 20, 1994
January 20, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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