Westchester County · PL 155.30

Grand Larceny in the Fourth Degree Lawyer in Westchester County — Westchester County Court

This offense requires statutory larceny plus at least one of the listed circumstances involving value, property type, the manner of taking, or a specified intended use. Those circumstances are alternatives, not cumulative requirements, and several do not require property worth more than $1,000. The prosecution must prove the applicable elements beyond a reasonable doubt.

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One mistake should not define your life

Being charged is not the same as being guilty. An accusation can leave you worried about your family, your job, and your future. You deserve to be heard and treated as a person, not a case number. One mistake should not define who you are, and an accusation should not erase the rest of your story.

If you or a loved one is facing Grand Larceny in the Fourth Degree allegations connected with Westchester County Court in Westchester County, Yvonne is ready to help you understand the charge and the next steps. You do not have to face this uncertainty without guidance.

How this charge moves through this court

Westchester County Court is located at Richard J. Daronco Courthouse, 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601 (criminal office, 2nd floor). Check the date and location on your court papers and confirm any changes with your attorney. This court's role depends on the charge and stage of the case; this page does not mean that every charge is tried here.

County Court generally handles felony prosecutions. A misdemeanor or violation ordinarily proceeds in a local court, although it can be part of a larger prosecution. Your attorney can confirm the proper court for your case.

What happens at your first appearance

Before your appearance at Westchester County Court, Yvonne can review your papers, explain the purpose of the hearing, and prepare you for questions the judge may ask. At a criminal arraignment, she can explain the accusation and advocate for release or appropriate conditions where the law allows. The court decides; release without bail cannot be promised.

If an order of protection or another court condition is already in place, follow it even if you disagree and ask your attorney about anything unclear. Do not assume you may skip an appearance because you have counsel; confirm whether you must attend.

Definition under New York law

PL 155.30 · Original statutory wording; excerpts must be read together with the full 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, a vessel, an item comprising a display of religious symbols which forms a representative expression of faith, or other miscellaneous item of property which: (a) has a value of at least one hundred dollars; and (b) is kept for or used in connection with religious worship in any building, structure or upon the curtilage of such 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; or 10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service; or 11. 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; or 12. 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 one 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. Grand larceny in the fourth degree is a class E felony.

Read the full section at the New York State Senate

In everyday language

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.

CPL § 70.20

What the prosecutor must prove

The points below explain the legal requirements behind this accusation. They are not findings that you did anything wrong. Yvonne can compare each requirement with the evidence in your case and explain what it means for your defense.

For every alternative, the person accused must have stolen property within the statutory meaning of larceny; mere possession is insufficient. The prosecution must prove the applicable elements beyond a reasonable doubt.
The following numbered circumstances are alternatives, not cumulative requirements: at least one must apply.
1. The property value exceeded $1,000.
2. The property was a public record, writing, or instrument legally kept, filed, or deposited with or in the custody of a public office or public servant.
3. The property was secret scientific material.
4. The property was a credit card or debit card.
5. The property was taken from another person's person, regardless of its nature or value.
6. The property was obtained by extortion, regardless of its nature or value.
7. The property was one or more firearms, rifles, or shotguns as defined in section 265.00.
8. The property was a motor vehicle as defined in Vehicle and Traffic Law section 125, other than a motorcycle as defined in section 123 of that law, and its value exceeded $100.
9. The property was a scroll, religious vestment, vessel, item in a display of religious symbols representing faith, or other miscellaneous item; it was worth at least $100; and it was kept for or used in connection with religious worship in a building, structure, or its curtilage used as a place of religious worship by a religious corporation incorporated under the Religious Corporations Law or Education Law. These requirements within alternative 9 are cumulative.
10. The property was an access device that the person accused intended to use unlawfully to obtain telephone service.
11. The property was anhydrous ammonia or liquified ammonia gas, and the person accused intended to use it, or knew another person intended to use it, to manufacture methamphetamine.
12. Retail goods or merchandise were stolen under a common scheme or plan or a single, ongoing intent to deprive another or others of the property or appropriate it to the person accused or another person, and their value exceeded $1,000. All such property may be aggregated regardless of whether it came from the same owner; this subdivision does not limit other aggregation or charges under another applicable provision.

Defenses that commonly apply

A defense is not one-size-fits-all. These are issues an attorney may explore, not promises that a particular defense will apply. What happened before, during, and after the alleged incident can be important.

Do ownership, permission, identification, or intent evidence undermine proof that the person accused committed statutory larceny?
Does the property actually meet the alleged category, value threshold, taking method, or religious-use and location requirements?
For an access-device, ammonia, or aggregated-retail theory, what evidence establishes the required intended use, knowledge, or common scheme, plan, or ongoing intent?

Penalties and collateral consequences

Maximum penalties are not a prediction of your sentence. The applicable law, your record, the evidence, and the resolution of the case all matter. Before making a decision, discuss possible effects on your work, family, driver's license, or immigration status, where relevant.

A Class E Felony carries a maximum sentence of up to 4 years and a fine of up to $5,000.

Value disputes are the most common way this charge is reduced. Receipts, appraisals and repair estimates matter early.

An experienced attorney, a strategy built around you

Yvonne Garbett has 24 years of experience as an attorney, admitted in 2002. She served as an Assistant District Attorney from 2002–2006 and has practiced criminal defense privately since 2006. She brings a prosecutor's perspective to evaluating the evidence and building a defense. She is ready to listen, explain your options, and work strategically with you toward the best possible result given your circumstances.

If the police made a mistake, the truth matters

Police reports do not always tell the whole story. If you believe an officer misunderstood what happened, identified the wrong person, or left out important facts, tell Yvonne. She can examine the available evidence, look for inconsistencies, and work to bring the truth to light. The defense depends on what the evidence actually shows, not assumptions about you.

Working together on your defense

Tell Yvonne what happened in your own words, what worries you most, and what you hope to protect. Keep your court papers and any relevant messages or records; do not delete or alter potential evidence. Together, you can consider the strengths and weaknesses of the case and decide on a strategy, whether that means challenging evidence, pursuing an appropriate negotiated resolution, or preparing for trial. No attorney can guarantee an outcome.

Text us immediately · (845) 290-2492

Common questions about your defense

Is property worth $1,000 or less a defense to fourth-degree grand larceny?

If the prosecution relies on the general value alternative or the retail aggregation alternative, evidence that the relevant value did not exceed $1,000 may undermine that theory. Other alternatives, such as theft of a credit card or taking property from another person's person, do not require that threshold, while some categories have their own requirements. The prosecution must still prove statutory larceny and every element of an applicable alternative beyond a reasonable doubt.

Why is starting a defense early imperative?

An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.

How does an experienced lawyer help build the best possible defense?

Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.

Does an arrest or police report prove the charge?

No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.

Can the charge be dismissed or reduced?

That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.

Every case turns on its own facts. The information on this page is general, not legal advice.

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