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PEOPLE v. LUKENS

393 KA 10-01086.

107 A.D.3d 1406 (2013)

966 N.Y.S.2d 633

2013 NY Slip Op 4141

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACK LUKENS, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 7, 2013.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reducing the conviction of grand larceny in the fourth degree (Penal Law § 155.30 [1]) to petit larceny (§ 155.25) and vacating the sentence imposed on count one of the indictment and as modified the judgment is affirmed, and the matter is remitted to Oswego County Court for sentencing on the conviction of petit larceny.

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