The People of the State of New York, Respondent, v. Joseph Tiven, Appellant

The People of the State of New York, Respondent, v. Joseph Tiven, Appellant. [MAJORITY] On appeal from a judgment of conviction of the Court of Special Sessions of the City of New York, Borough of Brooklyn [County of Kings], of the crime of petit larceny, the judgment of conviction is modified by reducing the sentence from a -cerm of imprisonment in the workhouse for six months to the period of imprisonment which the defendant has already served, and as so modified, unanimously affirmed. In our opinion the sentence imposed was grossly excessive for the theft of a piece of pastrami of the value of seventy-five cents, as a first offense. The probation report concerning this defendant, sent to this court at its request, amply justifies this conclusion. Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.