NY Penal Law § 155.35: Grand Larceny in the Third Degree.
Learn about grand larceny in the third degree under NY Penal Law § 155.35, including what qualifies as third degree larceny, property value thresholds, example scenarios, possible defenses, related NY larceny statutes, and sentencing guidelines. Understand penalties, prior convictions impact, and what to expect if charged with this New York felony.
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.
What Constitutes Grand Larceny in the Third Degree
You have committed grand larceny in the third degree under New York Penal Code § 155.35 if you steal someone's property and either of the following applies:
- 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.
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