Appellate Division of the Supreme Court of New York, 1990

People v. Haseth

People v. Haseth
Appellate Division of the Supreme Court of New York · Decided February 5, 1990
158 A.D.2d 470; 551 N.Y.S.2d 60; 1990 N.Y. App. Div. LEXIS 1294
People v. Haseth

Opinion of the Court

The defendant asserts and the People concede both that the property involved in each of the incidents underlying the defendant’s convictions had a value of less than $1,000, and that the defendant was convicted and sentenced after the effective date of the ameliorative legislation raising the threshold value for felony-level larceny offenses to $1,000 (see, L 1986, ch 515). Consequently, the defendant should have been *471prosecuted and sentenced for the misdemeanor offenses of petit larceny (Penal Law § 155.25) rather than for grand larceny in the third degree (see, Penal Law former § 155.30), notwithstanding that she committed these offenses before the effective date of the legislation (see, People v Behlog, 74 NY2d 237). Moreover, although the sentences imposed are within the limits authorized for class A misdemeanors (see, Penal Law §70.15), we remit the matter to Supreme Court, Suffolk County, for reconsideration in light of our modification of the convictions (cf., CPL 470.20 [4]). Bracken, J. P., Lawrence, Harwood and Balletta, JJ., concur.

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