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New York · Through 2026-09-11

N.Y. Penal Law § 155.40: Grand larceny in the second degree

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title J. Offenses Involving Theft
  4. Article 155. Larceny

§ 155.40 Grand larceny in the second degree.

A person is guilty of grand larceny in the second degree when such

person steals property and when:

1. The value of the property exceeds fifty thousand dollars; or

2. The property, regardless of its nature and value, is obtained by

extortion committed by instilling in the victim a fear that the actor or

another person will (a) cause physical injury to some person in the

future, or (b) cause damage to property, or (c) use or abuse the actor's

position as a public servant by engaging in conduct within or related to

the actor's official duties, or by failing or refusing to perform an

official duty, in such manner as to affect some person adversely; or

** 3. The property consists of retail goods or merchandise stolen

pursuant to a common scheme or plan or a single, ongoing intent to

deprive another or others of the property or to appropriate the property

to the actor or another person and the value of the property exceeds

fifty thousand dollars, which value may be determined by the aggregate

value of all such property regardless of whether the goods or

merchandise were stolen from the same owner. Nothing in this subdivision

shall be read to limit the ability to aggregate the value of any

property or the ability to charge the larceny of retail goods or

merchandise under another applicable provision of law.

** NB There are 2 sb 3's

** 3. Such person commits deed theft, regardless of the value, of: (a)

one residential real property; or (b) one commercial mixed-use property

with at least one residential unit; or (c) two or more commercial

properties.

** NB There are 2 sb 3's

Grand larceny in the second degree is a class C felony.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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