People v. Garris (99 A.D.2d 651, 1984)

Judgment unanimously modified, on the law and facts, in accordance with memorandum, and, as modified, affirmed and defendant remanded to Erie County Court for resentencing. Memorandum: The proof at trial failed to establish that the value of articles of clothing stolen during the burglary was in excess of $250; therefore, the conviction for grand larceny in the third degree must be reduced to petit larceny (People v Van Etten, 94 AD2d 953; People v Clark, 91 AD2d 1102; Penal Law, § 155.20, subd 4; §§ 155.25, 155.30). (Appeal from judgment of Erie County Court, Wolfgang, J. — burglary, third degree.) Present — Dillon, P. J., Callahan, Doerr, Denman and Moule, JJ.