Grand Larceny
Posted By Michael Redenburg on Mar 27, 2011 11:09am PDT
PL155.35 reads: A person is guilty of grand larceny in the third degree when he steals property and when the value of the property exceeds three thousand dollars. Grand larceny in the third degree is a Class D felony.
One cannot commit larceny of funds from a joint bank account in which he/she is one of the lawful account owners. (see People v. Zinke (76 NY2d 8[1990]). Briefly stated, New York statutory law requires that property be wrongfully taken or obtained from an "owner" in order to constitute
larceny. (
Penal Law § 155.05[1].) See People v. Gbohou, 186 Misc. 2d 324; 718 N.Y.S.2d 791; N.Y. Misc. LEXIS 477. "Owner" is defined as one "who has a right to possession [of the property taken or obtained] superior to that of the taker, obtainer or withholder."
Id. Furthermore, "[a] joint or common owner of property shall not be deemed to have a right of possession thereto superior to that of any other joint or common owner thereof."
Id.
In New York, in order for conduct to constitute a
wrongful taking or obtaining and, therefore, larceny, the property must be taken or obtained by one or more of the means set forth in
Penal Law § 155.05 (2). Id. That statutory listing which defines the means by which larceny can be committed has been held to be limiting, in that, if the property is not taken or obtained in one of the ways specified in the statute, it cannot constitute larceny.
(See, People v. Foster, 73 NY2d 596 [1989].
) If property is taken or obtained from a person who is mentally unable to consent to the transfer, the taking or obtaining constitutes a trespassory taking, a form of larceny actionable under
Penal Law § 155.05 (2). Id.
If you are charged with
grand larceny, contact
larceny defense lawyer Michael Redenburg for a free office consultation.