PL 155.40 · Article 155
Grand Larceny in the Second Degree
The supplied text provides alternative grounds involving value over $50,000, specified forms of extortion, qualifying aggregated retail theft, or deed theft of specified real properties. The extortion and deed-theft alternatives do not require a minimum property value, and the two provisions numbered 3 require checking which provision applies. The prosecution must prove statutory larceny and the applicable alternative beyond a reasonable doubt, not every alternative cumulatively. Property valued over $3,000 but not over $50,000 falls under grand larceny in the third degree (PL 155.35), which has its own page on this site.
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PL 155.40 · Original statutory wording; excerpts must be read together with the full section.
§ 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when such
person 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 the actor's
position as a public servant by engaging in conduct within or related to
the actor's official duties, or by failing or refusing to perform an
official duty, in such manner as to affect some person adversely; 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
fifty 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. Such person commits deed theft, regardless of the value, of: (a)
one residential real property; or (b) one commercial mixed-use property
with at least one residential unit; or (c) two or more commercial
properties.
** NB There are 2 sb 3's
Grand larceny in the second degree is a class C felony.Read the full section at the New York State SenateIn everyday language
The supplied text provides alternative grounds involving value over $50,000, specified forms of extortion, qualifying aggregated retail theft, or deed theft of specified real properties. The extortion and deed-theft alternatives do not require a minimum property value, and the two provisions numbered 3 require checking which provision applies. The prosecution must prove statutory larceny and the applicable alternative beyond a reasonable doubt, not every alternative cumulatively. Property valued over $3,000 but not over $50,000 falls under grand larceny in the third degree (PL 155.35), which has its own page on this site.
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 person accused stole property in the statutory sense of larceny; possession alone is insufficient. The prosecution must prove every applicable element beyond a reasonable doubt.
- The value, specified-extortion, retail-aggregation, and deed-theft grounds are alternatives, not cumulative requirements.
- Value alternative: the property was worth more than $50,000.
- Extortion alternative: regardless of the property's nature or value, it was obtained by extortion through instilling fear that the person accused or another person would cause future physical injury to someone, damage property, or use or abuse the person accused's public-servant position through conduct within or related to official duties or through failing or refusing to perform an official duty, in a manner adversely affecting someone. These threatened outcomes are alternatives; actual injury or damage is not stated as a requirement of this provision.
- Retail alternative: 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, with value exceeding $50,000. All such property may be aggregated across the same or different owners; the provision does not limit other aggregation or charges under another applicable law.
- Deed-theft alternative: regardless of value, deed theft involved one residential real property, one commercial mixed-use property with at least one residential unit, or two or more commercial properties. These property categories are alternatives.
- The source contains two subdivisions numbered 3, covering retail theft and deed theft; the applicable provision must be verified.
Defenses that commonly apply
- Do the evidence of theft, valuation, and any claimed retail aggregation establish statutory larceny and the alleged value and connection among takings?
- For an extortion theory, what words or actions allegedly instilled fear of a listed future harm, and was property obtained through that fear?
- For a deed-theft theory, do the transaction and property records establish deed theft and the required residential use, mixed-use residential unit, or number of commercial properties?
Penalties and collateral consequences
A Class C Felony carries a maximum sentence of up to 15 years and a fine of up to $5,000.
Common questions about your defense
Can an extortion-based second-degree grand larceny charge be challenged if no one was injured?
This alternative concerns obtaining property by instilling fear of listed future harms, so the absence of an actual injury does not by itself negate it. If the evidence does not establish a listed fear or that property was obtained through the alleged extortion, those gaps may support a defense to that theory. 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.