Ordered that the order is reversed, on the law, the oral application is denied, the count of grand larceny in the fourth degree is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.
The defendant was indicted for grand larceny in the fourth degree, jostling, and criminal possession of stolen property in the fifth degree after he allegedly stole a subway token and some cash from a passenger on a...
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