Ordered that the judgment is modified, on the law, by reducing the defendant's convictions of grand larceny in the third degree to petit larceny and criminal possession of stolen property in the second degree to criminal possession of stolen property in the third degree, and vacating the sentences imposed thereon. As so modified, the judgment is affirmed.
The People proved beyond a reasonable doubt, as found by a jury, that the defendant burglarized the apartment of Louisianna Millen and stole certain items of jewelry. The only evidence regarding the value of that jewelry was Ms. Millen's testimony that she purchased two items for approximately $330. As conceded by the People, this did not establish that the value of the jewelry exceeded $250 and accordingly the convictions have been modified (see, People v Jackson, 111 A.D.2d 253; People v Womble, 111 A.D.2d 283). As the defendant has already served the maximum time to which he could be sentenced for petit larceny and criminal possession of stolen property in the third degree, there is no need to remit for resentencing (see, People v Giles, 121 A.D.2d 738; People v Womble, supra).
The sentence imposed for the conviction for burglary in the second degree was not excessive (People v Suitte, 90 A.D.2d 80). Mangano, J.P., Niehoff, Kooper and Spatt, JJ., concur.