Perhaps the most common type of crime committed by young people in New York and beyond is theft. Whether it’s a privileged teenager stealing a magazine for a thrill, or a child who has fallen into gang activity robbing a person on the street, theft-related offenses are all too common…
Articles Posted in Grand Larceny
Deprive and Appropriate: Critical Elements in a New York Grand Larceny Prosecution
What is “stealing” you ask? A mere taking of someone’s property without their permission or authority? Yes, in part, but actually much, much more. While those unfamiliar with the criminal law may see theft, larceny and stolen property related crimes through their own respective lenses, the New York Penal Law…
Identity Theft, Grand Larceny, Forgery and Criminal Impersonation: Criminal Liability in NYS when Illegal Conduct Occurred Elsewhere
In this day and age, with computerized banking and depositing checks on a cell phone, jurisdiction in the context of financial crimes becomes a more and more difficult question for judges, criminal lawyers and prosecutors alike. This is even more pronounced in the New York City metropolitan area with multiple…
Queens Criminal Court: “Stealing” and Ejaculating on Cell Phone Cover Not Enough to Sustain Grand Larceny Indictment
As set forth in New York Penal Law 155.05(1), the hallmark of any arrest involving misdemeanor Petit Larceny or felony Grand Larceny is that no matter the taking or the nature of the property involved, an accused must also have the intent to deprive another person of that property or,…
Unauthorized Use of a Vehicle and Auto Stripping: New York Penal Law Crimes Related to Larceny Offenses and Motor Vehicles
In New York, there are several criminal charges unique to the jurisdiction, whether it’s in Manhattan, Brooklyn, Queens, the Bronx, or upstate in Rockland or Westchester County. The first of these not-so-obvious criminal statutes is Unauthorized Use of a Vehicle, PL 165.05, 165.06 and 165.07. A person may be charged…
Distinguishing Between Petit Larceny and Grand Larceny in New York: NY PL Article 155 Crimes
In New York, general theft-related crimes are referred to as “larcenies.” A crime of larceny essentially boils down to an allegation that a person, the defendant in a criminal case, stole property. There are many different ways in which a person steals property under the Criminal Procedure Law and Penal…
New York Health Care Fraud: Understanding NY Penal Law Article 177 Crimes, Arrests and Investigations
Health care, and issues surrounding the same, is discussed almost daily on the radio, television and internet. Simply, health care is a daily part of our lives in both the political and literal sense. While we may know about “Obama Care,” attempts to repeal the Affordable Health Care Act, Medicare,…
New York Theft and Larceny Laws: Restitution Amounts and Procedures Upon Conviction and Sentence
In New York, a court may impose restitution as a component of sentence, in addition to the more commonly understood penalties of jail time, community service, orders of protection, and so on. Section 60.27 of the New York State Penal Law permits a sentencing court to order restitution to the…
New York Scheme to Defraud: Understanding the “Moral Certainty” Standard of NY PL 190.65 and 190.60
The criminal charge of Scheme to Defraud in New York often arises in the context of intricate and large-scale thefts. As such, there is typically a Grand Larceny or other theft-related offense accompanying the Scheme to Defraud charge on a felony complaint or indictment. While it is tempting to see…
New York Martin Act and Scheme to Defraud: Important Criminal Defense Issues and Differences
Financial crimes such as New York Scheme to Defraud and charges under the New York Martin Act are notoriously complex and difficult to understand and interpret. This complexity only becomes more significant when there are, as is typically the case with such criminal charges, hundreds of thousands of pieces of…