Articles Posted in General Grand Larceny

Published on:

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 documentary evidence. In those circumstances, it is easy for prosecutors to make glaring oversights or unintentionally misrepresent the facts, and just as easy for criminal defense attorneys to let those negligent misdeeds go unnoticed. The question then becomes, “How does the Court deal with these prosecutorial errors when they become apparent.” This was exactly the question faced by by the New York County Supreme Court, Criminal Term in People v. Thompson, et al., 2016 NY Slip Op 50777(U) (N.Y. Co. Sup. 2016).

In Thompson, a white-collar criminal case involving a penny stock pump-and-dump scheme, the prosecutor presented numerous documents to the Grand Jury to obtain an indictment, including marketing emails to potential investors. Importantly, the prosecutor omitted highly relevant disclaimers that the defendants had included in those promotional emails, which were highly exculpatory with regard to the defendant’s intent. The Court found that the prosecutor should clearly have included the entire contents of those emails. While prosecutors are not generally obligated to to present all, or even any, evidence that is favorable to an accused person to the Grand Jury, the Court held that the prosecutor does have a duty of fairness to the accused which should prevent them from selectively omitting critical portions of a document that they are already presenting to the Grand Jury.

However, the Court in Thompson then gave the answer to the question above, which was that the indictment should still not be dismissed because, in this particular case, the Court did not believe that the prosecutor deliberately misled the Grand Jury, and those particular documents were just some of many that were presented, and not a critical part of the Grand Jury presentation.

Published on:

In New York, in order to be charged and convicted of a theft-related crime, it generally must be alleged that the defendant stole the property from an “owner” of that property. In other words, you can’t steal property from someone who doesn’t own that property, and you can’t steal property that rightfully belongs to you. This makes all the sense in the world, and doesn’t seem like it could ever lead to any ambiguity. However, it often does, particularly in the context of family and other close personal relationships. This entry will address when the “ownership” threshold is satisfied for the NYPD, other police officers or any branch of law enforcement to make an arrest and the respective District Attorney have sufficient evidence to prosecute the crime of either Petit Larceny, New York Penal Law 155.25, or any degree of Grand Larceny.

Continue reading

Published on:

Grand Larceny in the State of New York is a serious felony offense that carries with it the possibility of significant state prison time. There are multiple degrees of Grand Larceny, from First Degree to Fourth Degree, which can have vastly different consequences and sentencing ranges. One of the key factors distinguishing the various degrees of Grand Larceny is the value of the property that was allegedly stolen, from more than $1000 for Grand Larceny in the Fourth Degree, New York Penal Law 155.30, to more than $1,000,000 for Grand Larceny in the First Degree, New York Penal Law 155.42. On the surface, this may seem like a simple and sensible way to differentiate these charges. However, a significant degree of complexity can be added to the mix in the form of the principle of Aggregation.

Continue reading

Published on:

Any conviction in New York for either Grand Larceny or felony Criminal Possession of Stolen Property carries the potential of serious imprisonment and incarceration. Even the “lowest” felony crimes – Fourth Degree Grand Larceny (New York Penal Law 155.30) and Fourth Degree Criminal Possession of Stolen Property (New York Penal Law 165.45) – have possible sentences of up to four years in prison. In other words, if you steal or knowingly possess stolen property worth a hair over $1,000 but no more than $3,000, jail is on the table in the eyes of the law.

Other than prison or jail, what are the financial ramifications, if any, involving restitution and fines and what is your exposure?

Continue reading

Published on:

Grand Larceny in New York is a theft or stealing when the value of the property wrongfully taken into your possession is greater than $1,000.00. This type of theft is defined as a Fourth Degree Grand Larceny according to New York Penal Law 155.30. As repeatedly noted throughout countless blogs, when the value is more than $3,000.00 the crime is elevated to Third Degree Grand Larceny as codified in New York Penal Law 155.35 as long as the amount does not exceed $50,000.00. Tucking away this basic understanding of these offenses, an element that the prosecution must prove beyond a reasonable doubt is the “taking” element while also identifying who the custodian is of that property or rightful owner. This entry addresses the legal concept of “taking” in a Grand Larceny and unlawful transaction as well as better defining who, and is not, an owner.

Continue reading

Published on:

You possess a $15,000.00 Rolex watch without the permission of the owner. You have an iPhone belonging to another person and he or she never gave you permission or authority to possess it. Certainly, if the owner never gave you the right to take, possess or have his or her property, whatever it may be and irrespective of its value, the fact that you possessed that property without a right to do so is proof of your guilt of Criminal Possession of Stolen Property pursuant to New York Penal Law Article 165? Although much depends on how prosecutors draft an accusatory instrument, without more than asserting you didn’t have permission, your criminal lawyer may successfully secure a dismissal of the complaint alleging Criminal Possession of Stolen Property.

In pertinent part, you are guilty of Criminal Possession of Stolen Property when you both knowingly possess the stolen property and when you do so with the purpose or objective to benefit yourself or a third party or, alternatively, to prevent the recovery of the property by the rightful owner. Just like Petit Larceny and Grand Larceny, if the amount or value of the property in question exceeds $1,000, $3,000, $50,000 or $1,000,000 the degree of the felony is enhanced in severity.

Continue reading

Published on:

Larceny crimes are fairly straight forward in New York State much like any other jurisdiction. If you steal property, irrespective of its value, and your intention is to keep it for yourself or from the rightful owner or possessor, you have committed either a Petit Larceny or a Grand Larceny as set forth in Article 155 of the New York Penal Law. Similarly, if you possess that property, knowing it is stolen and with the same intent to take it or prevent the rightful custodian from getting it back, then you are guilty of Criminal Possession of Stolen Property pursuant to Article 165 of the New York Penal Law.

The question or issues posed in this blog entry is how far you must go in your theft or possession of stolen property for a judge or jury to find you guilty of the same. In other words, what steps must you take or how far must you go to violate the law as either an attempted offense or a completed crime?

Continue reading

Published on:

Woodbury Common Premium Outlets in Central Valley, Orange County, is an outlet center that opened in late 1985 and has since expanded repeatedly over the years. The outlet center now how has about 220 stores and is one of the largest outlet centers in the country. The outlets are not only a destination for locals in Orange, Rockland and other nearby counties, but also for tourists visiting New York City, and City residents.

The size and nature of the complex attracts countless shoppers every year in addition to shoplifters and those using forged credit cards or other means of theft. Those arrested for these theft-related crimes will be prosecuted in Town of Woodbury Justice Court, and the County Court for Orange County in Goshen, NY if the case is indicted. This blog will address some of the crimes and criminal offenses prosecutors in the Orange County District Attorney’s Office can pursue for a shoplifting arrest or misuse and fraud involving credit cards.

Continue reading

Published on:

Theft crimes in New York are found in a variety of statutes. Some are clearly designated theft offenses such as either Petit Larceny and Grand Larceny. Similarly, Criminal Possession of Stolen Property and Theft of Services relate directly to a larceny or theft crime. However, there are many other crimes in the New York Penal Law that are not clearly theft offenses. For example, Scheme to Defraud does not have “theft” or “larceny” in the title of the statute, but it too is a theft and larceny crime. With this in mind, it begs the question, if you were convicted of a New York Penal Law Article 155 crime, New York Penal Law Article 165 crime, New York Penal Law Article 140 crime, New York Penal Law Article 160 crime or a even an Article 1800 New York State Tax Crime offense that related only to a theft are larceny are you guaranteed eligibility pursuant to New York Criminal Procedure Law 160.59 to have your criminal conviction “expunged” or sealed assuming you have met the other strict eligibility requirements?

Continue reading

Published on:

Can I have my felony conviction sealed in New York? Will New York expunge a felony regardless of the arrest charge? Do criminal records – misdemeanor or felony – remain open to the public forever? What if I am convicted of a non-violent theft crime? Is there a way to screen or hide this record or conviction? More specifically, what if I stole or embezzled $7,500.00, $75,000.00 or even $750,000.00 from an employer? Now that you have asked the questions, the answer to these inquiries are all found in New York Criminal Procedure Law 160.59.

NY CPL 160.59, New York’s sealing statute, does not provide for expunging or expungement of criminal convictions, but allows people with certain eligible criminal convictions to have those cases sealed on and from their records. Subject to many relevant factors and mandatory requirements that can be vetted with your New York expungment or sealing attorney, Grand Larceny, New York Penal Law sections 155.30, 155.35, 155.40 and 155.42, is a statutorily eligible offense.

Continue reading