—Judgment unanimously modified on the law and as modified affirmed. Same Memorandum as in People v Pezzimenti, 245 AD2d 1030 [decided herewith]). (Appeal from Judgment of Cattaraugus County Court, DiTullio, J.—Petit Larceny.) Present— Pine, J. P., Lawton, Wisner, Balio and Fallon, JJ.
The People of the State of New York, Respondent, v. Francis Pezzimenti, Appellant
245 A.D.2d 1031665 N.Y.S.2d 499
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