PL 155.42 · Article 155
Grand Larceny in the First Degree
Grand larceny 1st degree NY is the highest larceny grade in New York. Penal Law 155.42 presents separately amended versions covering larceny of property worth more than $1 million, qualifying aggregated retail theft, and specified forms of deed theft regardless of value. These are alternative grounds within the applicable version, not cumulative requirements, and the official text must be consulted to determine which version applies. The prosecution must prove each element of the applicable ground beyond a reasonable doubt.
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PL 155.42 · Original statutory wording; excerpts must be read together with the full section.
§ 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when such
person steals property and when:
1. The value of the property exceeds one million dollars; or
2. 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
million 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 first degree is a class B felony.
* Separately amended alternatives appear in the source; consult the official text for the applicable version.
* § 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when:
1. such person steals property and when the value of the property
exceeds one million dollars; or
2. such person commits deed theft, regardless of the value, of (a)
residential real property that is occupied as a home by at least one
person; or (b) residential real property that involves a home that is
owned by an elderly person, an incompetent, an incapacitated person, or
physically disabled person; or (c) three or more residential real
properties.
Grand larceny in the first degree is a class B felony.
* Separately amended alternatives appear in the source; consult the official text for the applicable version.Read the full section at the New York State SenateIn everyday language
Grand larceny 1st degree NY is the highest larceny grade in New York. Penal Law 155.42 presents separately amended versions covering larceny of property worth more than $1 million, qualifying aggregated retail theft, and specified forms of deed theft regardless of value. These are alternative grounds within the applicable version, not cumulative requirements, and the official text must be consulted to determine which version applies. The prosecution must prove each element of the applicable ground beyond a reasonable doubt.
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 § 70.20What the prosecutor must prove
- The source supplies separately amended versions; determine the applicable version from the official text rather than combining them into one cumulative test. The prosecution must prove every applicable element beyond a reasonable doubt.
- Both versions include an alternative requiring the person accused to steal property worth more than $1 million. Larceny has its statutory meaning and requirements, not merely possession.
- The first supplied version also includes an alternative requiring statutory larceny of retail goods or merchandise 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 $1 million.
- For that retail alternative, value may aggregate all such property regardless of whether it was stolen from the same owner. The provision does not limit other aggregation or charging retail larceny under another applicable law.
- The separately amended version includes a deed-theft alternative, regardless of value, involving residential real property occupied as a home by at least one person; residential real property involving a home owned by an elderly person, an incompetent person, an incapacitated person, or a physically disabled person; or three or more residential real properties.
- The deed-theft property categories are alternatives, not cumulative requirements. Each requires deed theft, not simply possession of property or a deed, and the supplied text does not specify a numerical age for 'elderly.'
Defenses that commonly apply
- For a value-based theory, do reliable valuation records establish more than $1 million and evidence establish statutory larceny by the person accused?
- For retail aggregation, what evidence connects the goods through a common scheme or plan or a single, ongoing intent, and what is the supported aggregate value?
- For deed theft, do the transaction, occupancy, ownership, owner-status, and property-count records establish deed theft and the particular residential-property alternative alleged?
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to $5,000.
Common questions about your defense
Can a home worth less than $1 million fall within the supplied first-degree deed-theft alternative?
The separately amended deed-theft version applies regardless of value when one of its specified residential-property categories is established. If the evidence fails to establish deed theft or the alleged occupancy, qualifying ownership status, or property count, that failure may support a defense to that alternative. The applicable version must be checked against the official text, and the prosecution must prove its 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.