Westchester County · PL 155.35

Grand Larceny in the Third Degree Lawyer in Westchester County — Westchester Family Court

Third degree grand larceny in New York (grand larceny 3rd degree NY, Penal Law 155.35) is theft charged when the value of the property exceeds $3,000, when the property is an automated teller machine or its contents, when qualifying aggregated retail theft is alleged, or when a deed to one commercial property is taken. These are alternative grounds, not cumulative requirements, and because the official text contains more than one provision numbered 3, the applicable version must be confirmed. 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 Third Degree allegations connected with Westchester Family 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 Family Court is located at White Plains: 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601 · Yonkers: 131 Warburton Avenue, 3rd Floor, Yonkers, NY 10701 · New Rochelle: 26 Garden Street, New Rochelle, NY 10801. 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.

Family Court does not try adult criminal prosecutions. A criminal accusation can overlap with family matters such as an order of protection; Yvonne can help you understand how the proceedings relate and which court will address each matter.

What happens at your first appearance

Before your appearance at Westchester Family 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 155.35 · Original statutory wording; excerpts must be read together with the full section.

§ 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when such person steals property and: 1. when the value of the property exceeds three thousand dollars, or 2. the property is an automated teller machine or the contents of an automated teller machine, 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 three 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. when such person commits deed theft of one commercial real property, regardless of the value. ** NB There are 2 sb 3's Grand larceny in the third degree is a class D 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.

The person accused stole property within the statutory meaning of larceny, not merely possessed it. The prosecution must prove all applicable elements beyond a reasonable doubt.
The following are alternatives, not cumulative requirements: property worth more than $3,000; an ATM or its contents; the qualifying retail-theft alternative; or the commercial-property deed-theft alternative.
The ATM alternative states no minimum value.
The retail alternative requires retail goods or merchandise 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, with value exceeding $3,000. Value may aggregate all such property from the same or different owners; the provision does not restrict other aggregation or charges under another applicable law.
The deed-theft alternative requires deed theft of one commercial real property, regardless of value.
The source includes two subdivisions numbered 3, one for retail theft and one for deed theft; the applicable provision must be verified rather than treating them as cumulative.

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.

Does the evidence establish statutory larceny by the person accused, including the required intent, rather than possession or a transaction not amounting to theft?
If value or retail aggregation is alleged, do valuation records and evidence of a common scheme, plan, or ongoing intent support the amount and connection claimed?
If an ATM or deed-theft alternative is alleged, was the property actually an ATM or its contents, or did the transaction constitute deed theft of one commercial real property?

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 D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.

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.

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Common questions about your defense

Can a value dispute defeat a third-degree grand larceny charge involving an ATM?

The supplied ATM alternative covers an ATM or its contents without stating a minimum value. A value dispute may matter to a value-based alternative, but an ATM theory may instead be challenged if the evidence does not establish the required property category or statutory larceny. The prosecution must prove the applicable elements 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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