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NY Penal Law § 155.35: Grand Larceny in the Third Degree

Grand larceny in the third degree is one of the six larceny offenses in the New York Penal Code. It is a class D felony offense. Larceny is a legal term for theft, or stealing the property of another individual. The term “property” has a very broad definition in the criminal code.  It can mean anything from money, real property, or personal property to computer data, gas, electricity or almost any other thing of any value.  You have committed grand larceny in the third degree under New York Penal Code § 155.35 if you steal someone’s property and

 

  • The value of the stolen property is greater than $3,000, or
  • Such property is an automated teller machine (ATM) or the contents of an ATM machine.

 

It is critical to note that if you have been convicted of grand larceny in the third degree based on stealing from an ATM on a previous occasion, and you are currently being charged again, the charge will be the more serious offense of aggravated grand larceny of an automated teller machine pursuant to New York Penal Code § 155.43.

 

An Example

One day, Keshon steals 5 cell phones. The phones were display models at a cell phone retailer. He is quickly apprehended and charged with the crime of grand larceny in the third degree. Keshon’s defense team objects to the third degree grand larceny charges, arguing that the value of the five phones collectively is lower than $1,000. The prosecutor counters that phones on the market that are the same model sell for $799 each. Keshon correctly informed the court that the display phones are not sold to customers. Additionally, he  pointed out that even if they were sold, their price would be significantly lower because of the amount of times they are handled by potential buyers while on display. In this scenario, the prosecutor would have a hard time determining the value of the phones. This would, as a result, make it tough for the prosecutor to uphold a grand larceny in the third degree case.

 

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
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Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Offenses that are Related

Grand larceny in the first degree: New York Penal Code § 155.42

Grand larceny in the second degree: New York Penal Code § 155.40

Aggravated grand larceny of an automated teller machine: New York Penal Code § 155.43

 

Possible Defenses

Unless an ATM machine was the property in question, the assessed value of the stolen property will be a critical detail in determining whether or not you can be convicted for grand larceny in the third degree. The prosecutor will look to assess the highest possible value to the property so that he or she can lock down a conviction of third degree grand larceny against you. Nonetheless, if you can demonstrate that the value of the property was $3,000 or less, then a charge of grand larceny in the third degree will not hold. The way in which the value of stolen property must be determined is delineated in the New York criminal code. Under New York Penal Code § 155.35, the value is the market value of the property at the time and location of the theft. As an alternative option, the value would be based on its replacement cost.

 

The Sentence

Grand larceny in the third degree is categorized a class D felony. The possible sentences you  can get ranges from probation to prison. The maximum prison sentence you could face is 7 years.  There is not a mandatory prison sentence for first time offenders. What this means to you is that even though you could be sentenced to up to 7 years, if you don’t have a criminal record, you might be sentenced to probation without any jail time. On the other hand, if you have a felony conviction on your record from within the last 10 years, you would be subject to mandatory minimum sentencing for this offense. The minimum for grand larceny in the third ranges from 2-4 years in prison.

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