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The People of the State of New York v. Timothy Ellison
Judgment unanimously modified on the law by vacating the conviction for petit larceny and the sentence imposed thereon for reasons stated in People v McTyere (90 AD2d 987) and as modified affirmed. (Appeal from judgment of Niagara County Court, Hannigan, J. — robbery, second degree; petit larceny.) Present — Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.