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N.Y. Penal Law § 155.45

Larceny; pleading and proof

Applied in 2 court decisions — leading case United States v. Colotti (2023)

Most recently applied in United States v. Colotti (June 2023)

2014-09-22

§ 155.45 Larceny; pleading and proof.\n 1. Where it is an element of the crime charged that property was taken\nfrom the person or obtained by extortion, an indictment for larceny must\nso specify. In all other cases, an indictment, information or complaint\nfor larceny is sufficient if it alleges that the defendant stole\nproperty of the nature or value required for the commission of the crime\ncharged without designating the particular way or manner in which such\nproperty was stolen or the particular theory of larceny involved.\n 2. Proof that the defendant engaged in any conduct constituting\nlarceny as defined in section 155.05 is sufficient to support any\nindictment, information or complaint for larceny other than one charging\nlarceny by extortion. An indictment charging larceny by extortion must\nbe supported by proof establishing larceny by extortion.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.