The complainant's rough estimate of the value of her jewelry was insufficient to prove that defendant stole property that exceeded $1,500 in value (People v. Sweeney, 125 A.D.2d 978). The complainant's testimony that the jewelry was worth more than $1,500 was impeached by her Grand Jury testimony that the jewelry was worth "give or take" that sum, and there is insufficient evidence in the record to show how the complainant estimated the value. She was not qualified as an expert and gave limited testimony on how much she paid for the jewelry. It is unnecessary to remand for resentencing since defendant has already served the maximum time to which he could have been sentenced on the petit larceny conviction. (People v. Womble, 111 A.D.2d 283.)
Defendant's challenge to the court's preliminary instructions is unpreserved and meritless.
Concur — Ross, J.P., Rosenberger, Asch and Smith, JJ.