CJI2d[NY] Penal Law §§ 155.30, 155.30 (2), (3), (7), (8), 155.30 (4), 155.30 (9), 155.30 (10), 155.30 (11)

NOTE: The definition of what constitutes larceny encompasses, and is limited to, the theories of larceny specified in subdivision two of Penal Law § 155.05. (See People v Foster, 73 NY2d 596 [1989].) Those theories of larceny are imbedded in the definition of the term “wrongfully take, obtain, or withhold.” The most common theory of larceny expressed in the definition of that term is larceny by trespassory taking. Thus, the following charge is premised on a theory of larceny that is limited to larceny by trespassory taking. The definition of each additional theory of larceny is included in the Additional Charges section that may be found at the end of the charges for this article. If the theory of larceny is other than or in addition to larceny by trespassory taking, the appropriate definition or definitions for “wrongfully take, obtain, or withhold” can be substituted or added, in this charge, at the point where that term is defined.

The (specify) count is Grand Larceny in the Fourth Degree.

Under our law, a person is guilty of Grand Larceny in the Fourth Degree when such person steals property and when the property consists of:

[NOTE: Select appropriate paragraph:

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;²

secret scientific material;³

a credit card ⁴ or a debit card;⁵

one or more firearms, rifles or shotguns;⁶

a motor vehicle having a value in excess of one hundred dollars;⁷

a scroll, a 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 has a value of at least one hundred dollars] and 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]; ⁸

an access device which the person intends to use unlawfully to obtain telephone service; ⁹

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.¹⁰]

A person STEALS PROPERTY and commits larceny when, with the intent to deprive another of property or to appropriate the same to himself or herself [or to a third person], such person wrongfully takes, obtains, or withholds such property from an owner of the property.¹¹

The following terms used in that definition have a special meaning:

PROPERTY means (name the property in issue and give its statutory definition, if any. If in issue, see footnote¹² for the statutory definition of a “credit card” as amplified by the Court of Appeals).

OWNER means a person having a right to possession of the property superior to that of the person who takes it.¹³

INTENT means a conscious objective or purpose. Thus, a person acts with INTENT TO DEPRIVE ANOTHER OF PROPERTY OR TO APPROPRIATE PROPERTY TO HIMSELF OR HERSELF [or to a third person] when such person's conscious objective or purpose is:

(1) to withhold the property or cause it to be withheld permanently,¹⁴ or

(2) to exercise control over the property, [or to aid a third person to exercise control over it], permanently,¹⁵ or

(3) to dispose of the property either for the benefit of himself or herself [or a third person], or, under such circumstances as to render it unlikely that an owner will recover such property.¹⁶

NOTE: The next definition is the definition of “wrongfully takes, obtains, or withholds,” property. As explained at the beginning of the charge, the most common theory of larceny expressed in the definition of that term is larceny by trespassory taking. Thus, the following definition is premised on a theory of larceny that is limited to larceny by trespassory taking. The definition of each additional theory of larceny is included in the Additional Charges section that may be found at the end of the charges for this article. If the theory of larceny is other than or in addition to larceny by trespassory taking, the appropriate definition or definitions for “wrongfully take, obtain, or withhold” can be substituted or added here.

A person WRONGFULLY TAKES, OBTAINS, OR WITHHOLDS PROPERTY from an owner when

that person takes property without an owner's consent, and

exercises dominion and control over that property for a period of time, however temporary,

in a manner wholly inconsistent with the owner's rights of the owner.

[NOTE: If the property allegedly stolen was not a vehicle, add the following paragraph:

The exercise of dominion and control of the property includes a requirement that the property be intentionally moved, at least slightly, by the taker.¹⁷]

Thus, under the law’s definition of larceny it is not necessary that the owner be in fact deprived of property permanently or that the property be in fact appropriated permanently. The crime of larceny is complete when a person has the intent to deprive or appropriate the property permanently, and that person wrongfully takes the property for any period of time, however temporary.

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case beyond a reasonable doubt, each of the following two elements:

1. That on or about (date), in the County of (County), the defendant, (defendant’s name), wrongfully took, obtained, or withheld from its owner property which consisted of (specify); and

2. That the defendant did so with the intent to deprive another of the property or to appropriate the property to himself/herself [or to a third person]; and

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.