It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice and on the law by reducing the conviction of grand larceny in the second degree (Penal Law § 155.40 [1]) under count one of the indictment to grand larceny in the third degree (§ 155.35) and vacating the sentence imposed on that count, and by reversing that part convicting defendant of grand larceny in the second...
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