Skilled, Aggressive Criminal Defense in Nassau County and Suffolk County
Property crimes such as burglary, larceny, robbery and various forms of theft can be challenging to investigate and prosecute. As an office dedicated to defending New Yorkers against criminal charges and injustice — we know first-hand that police do not always follow proper procedures in gathering evidence and testimony.
If you have been accused of any theft-related offense in Nassau County, we offer the knowledge and diligence that may be required to challenge and overcome the prosecution’s case against you. For a free consultation to discuss your case and legal options, please contact us today.
Rigorous Investigation, Total Preparation, and Strong Defense at Trial
Possession of stolen property is not sufficient evidence to convict you of theft, burglary, or larceny. Our thorough, detail-conscious approach to your property crime defense may include:
- Carefully reviewing all police reports in the effort to find procedural illegalities or missteps
- Examining all forms of evidence against you, including fingerprints, DNA, video surveillance footage — calling on expert witnesses as necessary to show their unreliability
- Adeptly cross-examining police and eye witnesses in order to expose potential issues such as mistaken identity
Avoiding conviction on a theft, burglary or larceny charge may be absolutely critical to keeping your freedom or a loved one’s prospects for the future. The complexity of these cases makes it extremely difficult for an inexperienced or overburdened lawyer to build a successful defense.
We, at The Law Office of Stephanie Selloni understand the law, the science involved with modern evidence, and the best ways of uncovering any weaknesses in the prosecution’s case. To put a dedicated, responsive legal mind to work for you, contact us now for a free consultation. We can be reached either by using the client contact form or by calling (516) 972-1212.
New York Penal Law Definitions of Burglary, Larceny and Robbery
OFFENSES INVOLVING DAMAGE TO AND INTRUSION UPON PROPERTY
ARTICLE 140
BURGLARY AND RELATED OFFENSES
Section 140.00 Criminal trespass and burglary; definitions of terms.
140.05 Trespass.
140.10 Criminal trespass in the third degree.
140.15 Criminal trespass in the second degree.
140.17 Criminal trespass in the first degree.
140.20 Burglary in the third degree.
140.25 Burglary in the second degree.
140.30 Burglary in the first degree.
140.35 Possession of burglar`s tools.
140.40 Unlawful possession of radio devices.
Section 140.00 Criminal trespass and burglary; definitions of terms.
The following definitions are applicable to this article:
1. “Premises” includes the term “building,” as defined herein, and any
real property.
2. “Building,” in addition to its ordinary meaning, includes any
structure, vehicle or watercraft used for overnight lodging of persons,
or used by persons for carrying on business therein, or used as an
elementary or secondary school, or an inclosed motor truck, or an
inclosed motor truck trailer. Where a building consists of two or more
units separately secured or occupied, each unit shall be deemed both a
separate building in itself and a part of the main building.
3. “Dwelling” means a building which is usually occupied by a person
lodging therein at night.
4. “Night” means the period between thirty minutes after sunset and
thirty minutes before sunrise.
5. “Enter or remain unlawfully.” A person “enters or remains
unlawfully” in or upon premises when he is not licensed or privileged to
do so. A person who, regardless of his intent, enters or remains in or
upon premises which are at the time open to the public does so with
license and privilege unless he defies a lawful order not to enter or
remain, personally communicated to him by the owner of such premises or
other authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license or
privilege to enter or remain in that part of the building which is not
open to the public. A person who enters or remains upon unimproved and
apparently unused land, which is neither fenced nor otherwise enclosed
in a manner designed to exclude intruders, does so with license and
privilege unless notice against trespass is personally communicated to
him by the owner of such land or other authorized person, or unless such
notice is given by posting in a conspicuous manner. A person who enters
or remains in or about a school building without written permission from
someone authorized to issue such permission or without a legitimate
reason which includes a relationship involving custody of or
responsibility for a pupil or student enrolled in the school or without
legitimate business or a purpose relating to the operation of the school
does so without license and privilege.
Section 140.05 Trespass.
A person is guilty of trespass when he knowingly enters or remains
unlawfully in or upon premises.
Trespass is a violation.
Section 140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he
knowingly enters or remains unlawfully in a building or upon real
property
(a) which is fenced or otherwise enclosed in a manner designed to
exclude intruders; or
(b) where the building is utilized as an elementary or secondary
school or a children`s overnight camp as defined in section one thousand
three hundred ninety-two of the public health law or a summer day camp
as defined in section one thousand three hundred ninety-two of the
public health law in violation of conspicuously posted rules or
regulations governing entry and use thereof; or
(c) located within a city with a population in excess of one million
and where the building or real property is utilized as an elementary or
secondary school in violation of a personally communicated request to
leave the premises from a principal, custodian or other person in charge
thereof; or
(d) located outside of a city with a population in excess of one
million and where the building or real property is utilized as an
elementary or secondary school in violation of a personally communicated
request to leave the premises from a principal, custodian, school board
member or trustee, or other person in charge thereof; or
(e) where the building is used as a public housing project in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
(f) where a building is used as a public housing project in violation
of a personally communicated request to leave the premises from a
housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a
railroad or rapid transit railroad which has been designated and
conspicuously posted as a no-trespass railroad zone, pursuant to section
eighty-three-b of the railroad law, by the city or county in which such
property is located.
Criminal trespass in the third degree is a class B misdemeanor.
Section 140.15 Criminal trespass in the second degree.
A person is guilty of criminal trespass in the second degree when he
knowingly enters or remains unlawfully in a dwelling.
Criminal trespass in the second degree is a class A misdemeanor.
Section 140.17 Criminal trespass in the first degree.
A person is guilty of criminal trespass in the first degree when he
knowingly enters or remains unlawfully in a building, and when, in the
course of committing such crime, he:
1. Possesses, or knows that another participant in the crime
possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined
in section 265.00, and also possesses or has readily accessible a
quantity of ammunition which is capable of being discharged from such
firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm,
rifle or shotgun under circumstances described in subdivision two.
Criminal trespass in the first degree is a class D felony.
Section 140.20 Burglary in the third degree.
A person is guilty of burglary in the third degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein.
Burglary in the third degree is a class D felony.
Section 140.25 Burglary in the second degree.
A person is guilty of burglary in the second degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein, and when:
1. In effecting entry or while in the building or in immediate flight
therefrom, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in
the crime; or
(c) Uses or threatens the immediate use of a dangerous instrument; or
(d) Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; or
2. The building is a dwelling.
Burglary in the second degree is a class C felony.
Section 140.30 Burglary in the first degree.
A person is guilty of burglary in the first degree when he knowingly
enters or remains unlawfully in a dwelling with intent to commit a crime
therein, and when, in effecting entry or while in the dwelling or in
immediate flight therefrom, he or another participant in the crime:
1. Is armed with explosives or a deadly weapon; or
2. Causes physical injury to any person who is not a participant in
the crime; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; except that in any prosecution under this
subdivision, it is an affirmative defense that such pistol, revolver,
rifle, shotgun, machine gun or other firearm was not a loaded weapon
from which a shot, readily capable of producing death or other serious
physical injury, could be discharged. Nothing contained in this
subdivision shall constitute a defense to a prosecution for, or preclude
a conviction of, burglary in the second degree, burglary in the third
degree or any other crime.
Burglary in the first degree is a class B felony.
Section 140.35 Possession of burglar`s tools.
A person is guilty of possession of burglar`s tools when he possesses
any tool, instrument or other article adapted, designed or commonly used
for committing or facilitating offenses involving forcible entry into
premises, or offenses involving larceny by a physical taking, or
offenses involving theft of services as defined in subdivisions four,
five and six of section 165.15, under circumstances evincing an intent
to use or knowledge that some person intends to use the same in the
commission of an offense of such character.
Possession of burglar`s tools is a class A misdemeanor.
Section 140.40 Unlawful possession of radio devices.
As used in this section, the term “radio device” means any device
capable of receiving a wireless voice transmission on any frequency
allocated for police use, or any device capable of transmitting and
receiving a wireless voice transmission. A person is guilty of unlawful
possession of a radio device when he possesses a radio device with the
intent to use that device in the commission of robbery, burglary,
larceny, gambling or a violation of any provision of article two hundred
twenty of the penal law.
Unlawful possession of a radio device is a class B misdemeanor
OFFENSES INVOLVING THEFT
ARTICLE 155
Section 155.00 Larceny; definitions of terms.
155.05 Larceny; defined.
155.10 Larceny; no defense.
155.15 Larceny; defenses.
155.20 Larceny; value of stolen property.
155.25 Petit larceny.
155.30 Grand larceny in the fourth degree.
155.35 Grand larceny in the third degree.
155.40 Grand larceny in the second degree.
155.42 Grand larceny in the first degree.
155.45 Larceny; pleading and proof.
Section 155.00 Larceny; definitions of terms.
The following definitions are applicable to this title:
1. “Property” means any money, personal property, real property,
computer data, computer program, thing in action, evidence of debt or
contract, or any article, substance or thing of value, including any
gas, steam, water or electricity, which is provided for a charge or
compensation.
2. “Obtain” includes, but is not limited to, the bringing about of a
transfer or purported transfer of property or of a legal interest
therein, whether to the obtainer or another.
3. “Deprive.” To “deprive” another of property means (a) to withhold
it or cause it to be withheld from him permanently or for so extended a
period or under such circumstances that the major portion of its
economic value or benefit is lost to him, or (b) to dispose of the
property in such manner or under such circumstances as to render it
unlikely that an owner will recover such property.
4. “Appropriate.” To “appropriate” property of another to oneself or a
third person means (a) to exercise control over it, or to aid a third
person to exercise control over it, permanently or for so extended a
period or under such circumstances as to acquire the major portion of
its economic value or benefit, or (b) to dispose of the property for the
benefit of oneself or a third person.
5. “Owner.” When property is taken, obtained or withheld by one person
from another person, an “owner” thereof means any person who has a right
to possession thereof superior to that of the taker, obtainer or
withholder.
A person who has obtained possession of property by theft or other
illegal means shall be deemed to have a right of possession superior to
that of a person who takes, obtains or withholds it from him by
larcenous means. 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.
In the absence of a specific agreement to the contrary, a person in
lawful possession of property shall be deemed to have a right of
possession superior to that of a person having only a security interest
therein, even if legal title lies with the holder of the security
interest pursuant to a conditional sale contract or other security
agreement.
6. “Secret scientific material” means a sample, culture,
micro-organism, specimen, record, recording, document, drawing or any
other article, material, device or substance which constitutes,
represents, evidences, reflects, or records a scientific or technical
process, invention or formula or any part or phase thereof, and which is
not, and is not intended to be, available to anyone other than the
person or persons rightfully in possession thereof or selected persons
having access thereto with his or their consent, and when it accords or
may accord such rightful possessors an advantage over competitors or
other persons who do not have knowledge or the benefit thereof.
7. “Credit card” means any instrument or article defined as a credit
card in section five hundred eleven of the general business law.
7-a. “Debit card” means any instrument or article defined as a debit
card in section five hundred eleven of the general business law.
7-b. “Public benefit card” means any medical assistance card, food
stamp assistance card, public assistance card, or any other
identification, authorization card or electronic access device issued by
the state or a social services district as defined in subdivision seven
of section two of the social services law, which entitles a person to
obtain public assistance benefits under a local, state or federal
program administered by the state, its political subdivisions or social
services districts.
7-c. “Access device” means any telephone calling card number, credit
card number, account number, mobile identification number, electronic
serial number or personal identification number that can be used to
obtain telephone service.
8. “Service” includes, but is not limited to, labor, professional
service, a computer service, transportation service, the supplying of
hotel accommodations, restaurant services, entertainment, the supplying
of equipment for use, and the supplying of commodities of a public
utility nature such as gas, electricity, steam and water. A ticket or
equivalent instrument which evidences a right to receive a service is
not in itself service but constitutes property within the meaning of
subdivision one.
9. “Cable television service” means any and all services provided by
or through the facilities of any cable television system or closed
circuit coaxial cable communications system, or any microwave or similar
transmission service used in connection with any cable television system
or other similar closed circuit coaxial cable communications system.
Section 155.05 Larceny; defined.
1. A person steals property and commits larceny when, with intent to
deprive another of property or to appropriate the same to himself or to
a third person, he wrongfully takes, obtains or withholds such property
from an owner thereof.
2. Larceny includes a wrongful taking, obtaining or withholding of
another`s property, with the intent prescribed in subdivision one of
this section, committed in any of the following ways:
(a) By conduct heretofore defined or known as common law larceny by
trespassory taking, common law larceny by trick, embezzlement, or
obtaining property by false pretenses;
(b) By acquiring lost property.
A person acquires lost property when he exercises control over
property of another which he knows to have been lost or mislaid, or to
have been delivered under a mistake as to the identity of the recipient
or the nature or amount of the property, without taking reasonable
measures to return such property to the owner;
(c) By committing the crime of issuing a bad check, as defined in
section 190.05;
(d) By false promise.
A person obtains property by false promise when, pursuant to a scheme
to defraud, he obtains property of another by means of a representation,
express or implied, that he or a third person will in the future engage
in particular conduct, and when he does not intend to engage in such
conduct or, as the case may be, does not believe that the third person
intends to engage in such conduct.
In any prosecution for larceny based upon a false promise, the
defendant`s intention or belief that the promise would not be performed
may not be established by or inferred from the fact alone that such
promise was not performed. Such a finding may be based only upon
evidence establishing that the facts and circumstances of the case are
wholly consistent with guilty intent or belief and wholly inconsistent
with innocent intent or belief, and excluding to a moral certainty every
hypothesis except that of the defendant`s intention or belief that the
promise would not be performed;
(e) By extortion.
A person obtains property by extortion when he compels or induces
another person to deliver such property to himself or to a third person
by means of instilling in him a fear that, if the property is not so
delivered, the actor or another will:
(i) Cause physical injury to some person in the future; or
(ii) Cause damage to property; or
(iii) Engage in other conduct constituting a crime; or
(iv) Accuse some person of a crime or cause criminal charges to be
instituted against him; or
(v) Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
(vi) Cause a strike, boycott or other collective labor group action
injurious to some person`s business; except that such a threat shall not
be deemed extortion when the property is demanded or received for the
benefit of the group in whose interest the actor purports to act; or
(vii) Testify or provide information or withhold testimony or
information with respect to another`s legal claim or defense; or
(viii) Use or abuse his position as a public servant by performing
some act within or related to his official duties, or by failing or
refusing to perform an official duty, in such manner as to affect some
person adversely; or
(ix) Perform any other act which would not in itself materially
benefit the actor but which is calculated to harm another person
materially with respect to his health, safety, business, calling,
career, financial condition, reputation or personal relationships.
Section 155.10 Larceny; no defense.
The crimes of (a) larceny committed by means of extortion and an
attempt to commit the same, and (b) bribe receiving by a labor official
as defined in section 180.20, and bribe receiving as defined in section
200.05, are not mutually exclusive, and it is no defense to a
prosecution for larceny committed by means of extortion or for an
attempt to commit the same that, by reason of the same conduct, the
defendant also committed one of such specified crimes of bribe
receiving.
Section 155.15 Larceny; defenses.
1. In any prosecution for larceny committed by trespassory taking or
embezzlement, it is an affirmative defense that the property was
appropriated under a claim of right made in good faith.
2. In any prosecution for larceny by extortion committed by instilling
in the victim a fear that he or another person would be charged with a
crime, it is an affirmative defense that the defendant reasonably
believed the threatened charge to be true and that his sole purpose was
to compel or induce the victim to take reasonable action to make good
the wrong which was the subject of such threatened charge.
Section 155.20 Larceny; value of stolen property.
For the purposes of this title, the value of property shall be
ascertained as follows:
1. Except as otherwise specified in this section, value means the
market value of the property at the time and place of the crime, or if
such cannot be satisfactorily ascertained, the cost of replacement of
the property within a reasonable time after the crime.
2. Whether or not they have been issued or delivered, certain written
instruments, not including those having a readily ascertainable market
value such as some public and corporate bonds and securities, shall be
evaluated as follows:
(a) The value of an instrument constituting an evidence of debt, such
as a check, draft or promissory note, shall be deemed the amount due or
collectable thereon or thereby, such figure ordinarily being the face
amount of the indebtedness less any portion thereof which has been
satisfied.
(b) The value of a ticket or equivalent instrument which evidences a
right to receive a transportation, entertainment or other service shall
be deemed the price stated thereon, if any; and if no price is stated
thereon the value shall be deemed the price of such ticket or equivalent
instrument which the issuer charges the general public.
(c) The value of any other instrument which creates, releases,
discharges or otherwise affects any valuable legal right, privilege or
obligation shall be deemed the greatest amount of economic loss which
the owner of the instrument might reasonably suffer by virtue of the
loss of the instrument.
3. Where the property consists of gas, steam, water or electricity,
which is provided for charge or compensation, the value shall be the
value of the property stolen in any consecutive twelve-month period.
4. When the value of property cannot be satisfactorily ascertained
pursuant to the standards set forth in subdivisions one and two of this
section, its value shall be deemed to be an amount less than two hundred
fifty dollars.
Section 155.25 Petit larceny.
A person is guilty of petit larceny when he steals property.
Petit larceny is a class A misdemeanor.
Section 155.30 Grand larceny in the fourth degree.
A person is guilty of grand larceny in the fourth degree when he
steals property and when:
1. The value of the property exceeds one thousand dollars; or
2. The property consists of a public record, writing or instrument
kept, filed or deposited according to law with or in the keeping of any
public office or public servant; or
3. The property consists of secret scientific material; or
4. The property consists of a credit card or debit card; or
5. The property, regardless of its nature and value, is taken from the
person of another; or
6. The property, regardless of its nature and value, is obtained by
extortion; or
7. The property consists of one or more firearms, rifles or shotguns,
as such terms are defined in section 265.00 of this chapter; or
8. The value of the property exceeds one hundred dollars and the
property consists of a motor vehicle, as defined in section one hundred
twenty-five of the vehicle and traffic law, other than a motorcycle, as
defined in section one hundred twenty-three of such law; or
9. The property consists of a scroll, religious vestment, vessel or
other item of property having a value of at least one hundred dollars
kept for or used in connection with religious worship in any building or
structure used as a place of religious worship by a religious
corporation, as incorporated under the religious corporations law or the
education law.
10. The property consists of an access device which the person intends
to use unlawfully to obtain telephone service.
Grand larceny in the fourth degree is a class E felony.
Section 155.35 Grand larceny in the third degree.
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.
Section 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when he
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 his
position as a public servant by engaging in conduct within or related to
his official duties, or by failing or refusing to perform an official
duty, in such manner as to affect some person adversely.
Grand larceny in the second degree is a class C felony.
Section 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when he steals
property and when the value of the property exceeds one million dollars.
Grand larceny in the first degree is a class B felony.
Section 155.45 Larceny; pleading and proof.
1. Where it is an element of the crime charged that property was taken
from the person or obtained by extortion, an indictment for larceny must
so specify. In all other cases, an indictment, information or complaint
for larceny is sufficient if it alleges that the defendant stole
property of the nature or value required for the commission of the crime
charged without designating the particular way or manner in which such
property was stolen or the particular theory of larceny involved.
2. Proof that the defendant engaged in any conduct constituting
larceny as defined in section 155.05 is sufficient to support any
indictment, information or complaint for larceny other than one charging
larceny by extortion. An indictment charging larceny by extortion must
be supported by proof establishing larceny by extortion
ARTICLE 160
ROBBERY
Section 160.00 Robbery; defined.
160.05 Robbery in the third degree.
160.10 Robbery in the second degree.
160.15 Robbery in the first degree.
Section 160.00 Robbery; defined.
Robbery is forcible stealing. A person forcibly steals property and
commits robbery when, in the course of committing a larceny, he uses or
threatens the immediate use of physical force upon another person for
the purpose of:
1. Preventing or overcoming resistance to the taking of the property
or to the retention thereof immediately after the taking; or
2. Compelling the owner of such property or another person to deliver
up the property or to engage in other conduct which aids in the
commission of the larceny.
Section 160.05 Robbery in the third degree.
A person is guilty of robbery in the third degree when he forcibly
steals property.
Robbery in the third degree is a class D felony.
Section 160.10 Robbery in the second degree.
A person is guilty of robbery in the second degree when he forcibly
steals property and when:
1. He is aided by another person actually present; or
2. In the course of the commission of the crime or of immediate flight
therefrom, he or another participant in the crime:
(a) Causes physical injury to any person who is not a participant in
the crime; or
(b) Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; or
3. The property consists of a motor vehicle, as defined in section one
hundred twenty-five of the vehicle and traffic law.
Robbery in the second degree is a class C felony.
Section 160.15 Robbery in the first degree.
A person is guilty of robbery in the first degree when he forcibly
steals property and when, in the course of the commission of the crime
or of immediate flight therefrom, he or another participant in the
crime:
1. Causes serious physical injury to any person who is not a
participant in the crime; or
2. Is armed with a deadly weapon; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; except that in any prosecution under this
subdivision, it is an affirmative defense that such pistol, revolver,
rifle, shotgun, machine gun or other firearm was not a loaded weapon
from which a shot, readily capable of producing death or other serious
physical injury, could be discharged. Nothing contained in this
subdivision shall constitute a defense to a prosecution for, or preclude
a conviction of, robbery in the second degree, robbery in the third
degree or any other crime.
Robbery in the first degree is a class B felony.
OTHER OFFENSES RELATING TO THEFT
Section 165.05 Unauthorized use of a vehicle in the third degree
A person is guilty of unauthorized use of a vehicle in the third degree when:
1. Knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle. A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent; or
2. Having custody of a vehicle pursuant to an agreement between himself or another and the owner thereof whereby he or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he intentionally uses or operates the same, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose; or
3. Having custody of a vehicle pursuant to an agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time, he intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.
For purposes of this section “a gross deviation from the agreement” shall consist of, but not be limited to, circumstances wherein a person who having had custody of a vehicle for a period of fifteen days or less pursuant to a written agreement retains possession of such vehicle for at least seven days beyond the period specified in the agreement and continues such possession for a period of more than two days after service or refusal of attempted service of a notice in person or by certified mail at an address indicated in the agreement stating (i) the date and time at which the vehicle was to have been returned under the agreement; (ii) that the owner does not consent to the continued withholding or retaining of such vehicle and demands its return; and that continued withholding or retaining of the vehicle may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment.
Unauthorized use of a vehicle in the third degree is a class A misdemeanor.
Section 165.06 Unauthorized use of a vehicle in the second degree
A person is guilty of unauthorized use of a vehicle in the second degree when:
He commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 of this article and has been previously convicted of the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 or second degree within the preceding ten years.
Unauthorized use of a vehicle in the second degree is a class E felony.
Section 165.08 Unauthorized use of a vehicle in the first degree
A person is guilty of unauthorized use of a vehicle in the first degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle with the intent to use the same in the course of or the commission of a class A, class B, class C or class D felony or in the immediate flight therefrom. A person who engages in any such conduct without the consent of the owner is presumed to know he does not have such consent.
Unauthorized use of a vehicle in the first degree is a class D felony.
Section 165.40 Criminal possession of stolen property in the fifth degree
A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.
Criminal possession of stolen property in the fifth degree is a class A misdemeanor.
Section 165.45 Criminal possession of stolen property in the fourth degree
A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when:
1. The value of the property exceeds one thousand dollars; or
2. The property consists of a credit card, debit card or public benefit card; or
3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; or
4. The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter; or
5. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law; or
6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.
7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.
Criminal possession of stolen property in the fourth degree is a class E felony.
Section 165.50 Criminal possession of stolen property in the third degree
A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars.
Criminal possession of stolen property in the third degree is a class D felony.
Section 165.52 Criminal possession of stolen property in the second degree
A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.
Criminal possession of stolen property in the second degree is a class C felony.
Section 165.54 Criminal possession of stolen property in the first degree
A person is guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the property exceeds one million dollars.
Criminal possession of stolen property in the first degree is a class B felony.
Section 165.55 Criminal possession of stolen property; presumptions
1. A person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.
2. A collateral loan broker or a person in the business of buying, selling or otherwise dealing in property who possesses stolen property is presumed to know that such property was stolen if he obtained it without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess it.
3. A person who possesses two or more stolen credit cards, debit cards or public benefit cards is presumed to know that such credit cards, debit cards or public benefit cards were stolen.
4. A person who possesses three or more tickets or equivalent instrument for air transportation service, which tickets or instruments were stolen by reason of having been obtained from the issuer or agent thereof by the use of one or more stolen or forged credit cards, is presumed to known that such tickets or instruments were stolen.
Section 165.60 Criminal possession of stolen property; no defense
In any prosecution for criminal possession of stolen property, it is no defense that:
1. The person who stole the property has not been convicted, apprehended or identified; or
2. The defendant stole or participated in the larceny of the property; or
3. The larceny of the property did not occur in this state.
Section 165.65 Criminal possession of stolen property; corroboration
1. A person charged with criminal possession of stolen property who participated in the larceny thereof may not be convicted of criminal possession of such stolen property solely upon the testimony of an accomplice in the larceny unsupported by corroborative evidence tending to connect the defendant with such criminal possession.
2. Unless inconsistent with the provisions of subdivision one of this section, a person charged with criminal possession of stolen property may be convicted thereof solely upon the testimony of one from whom he obtained such property or solely upon the testimony of one to whom he disposed of such property.
Section 165.71 Trademark counterfeiting in the third degree
A person is guilty of trademark counterfeiting in the third degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods.
Trademark counterfeiting in the third degree is a class A misdemeanor.
Section 165.72 Trademark counterfeiting in the second degree
A person is guilty of trademark counterfeiting in the second degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing counterfeit trademarks exceeds one thousand dollars.
Trademark counterfeiting in the second degree is a class E felony.
Section 165.73 Trademark counterfeiting in the first degree
A person is guilty of trademark counterfeiting in the first degree when, with the intent to deceive or defraud some other person, or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing counterfeit trademarks exceeds one hundred thousand dollars.
Trademark counterfeiting in the first degree is a class C felony.