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.

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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Legal Scenario: What Would You Do?

Scenario

You work as a manager at a retail store and discovered that a longtime employee has been skimming cash from the registers over several months, totaling approximately $4,500. You reported it to the police, but now the employee claims they were borrowing the money and intended to pay it back.

Can my employee really avoid a grand larceny charge by claiming they intended to return the money?

Attorney's Answer

Under NY Penal Law § 155.35, grand larceny in the third degree applies when someone steals property valued at more than $3,000 but not more than $50,000, making this a class D felony carrying up to 7 years in prison. The claim of intending to return stolen funds is generally not a valid defense to larceny charges in New York — what matters is whether the person took the property without authorization and with intent to deprive the owner of it. Prosecutors will look at the pattern of behavior, including the repeated skimming over months, as strong evidence of criminal intent rather than innocent borrowing. Your employee should retain a criminal defense attorney immediately, as a conviction under § 155.35 carries serious consequences including potential state prison time and a permanent felony record.

This is general information only. Contact us for advice specific to your situation.

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