The questions of fact have been considered and reversal is not predicated thereon. It was reversible error to refuse to instruct the jury that the appellant might be found guilty of a lower degree of larceny than that charged in the indictment. (Code Crim. Pro., § 444; People v. Lapolte, 253 N.Y. 573.) No separate appeal lies from intermediate orders, which have been reviewed on the appeal from the judgment...
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