PL 155.35 · Article 155
Grand Larceny in the Third Degree
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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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 SenateIn everyday language
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.
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 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
- 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
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.
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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