People State New York v. Raymond Kwasniewski

Memorandum: The defendant with his co-defendant was tried on a charge of burglarizing a store in Buffalo, New York, and stealing therefrom articles worth more than $500. They were both convicted of burglary third degree and grand larceny first degree and sentenced as second felony offenders to Attica State Prison for terms of 5 to 10 years on each count, the sentences to run concurrently. Ample evidence was adduced on the trial to establish all the elements of the crimes charged except as to the value of property taken. The evidence did not prove beyond a reasonable doubt a value in excess of $500, although it clearly established a value in excess of $100, thereby constituting grand larceny second degree. This court may reduce the sentence imposed on the defendant as a second felony offender to one appropriate to the conviction as modified in accordance with section 543 of the Code of Criminal Procedure (see People v. May, 9 A.D.2d 508; People v. Kay, 17 A.D.2d 773).