CJI2d[NY] Penal Law art 155, Additional Charges Alternate Theories of Larceny

Table of Contents

LARCENY BY ACQUIRING LOST PROPERTY 1

LARCENY BY BAD CHECK 1

LARCENY BY DEED THEFT 2

LARCENY BY EMBEZZLEMENT 3

LARCENY BY FALSE PRETENSE 3

LARCENY BY FALSE PROMISE 3

LARCENY BY TRICK 4

LARCENY BY WAGE THEFT 4

LARCENY BY ACQUIRING LOST PROPERTY

A person [also] wrongfully takes, obtains, or withholds property from an owner by acquiring lost property. A person acquires lost property when he or she exercises control over property of another which he or she knows to have been lost or mislaid [or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property] without taking reasonable measures to return such property to the owner.¹

LARCENY BY BAD CHECK

A person [also] wrongfully takes, obtains, or withholds property from an owner thereof when he or she commits the crime of issuing a bad check.²A person is guilty of issuing a bad check when (insert appropriate provision of Issuing a Bad Check, Penal Law § 190.05.)

LARCENY BY DEED THEFT ³

A person [also] wrongfully takes, obtains, or withholds property from an owner when such person:

Select appropriate alternative(s) :

Intentionally alters, falsifies, [forges⁴], or misrepresents any written instrument involved in the conveyance or financing of real property, [such as a residential or commercial deed ⁵ or title], with the intent to deceive, defraud, or unlawfully transfer or encumber the ownership rights or a portion thereof of a residential or commercial property; [or]

with intent to defraud, misrepresents themselves as the owner or authorized representative of residential or commercial real property to induce others to rely on such false information in order to obtain ownership or possession of such real property; [or]

with intent to defraud, takes, obtains, or transfers title or ownership of real property by fraud, misrepresentation, [forgery, larceny, false pretenses, false promise⁶.], or any other fraudulent or deceptive practice.

LARCENY BY EMBEZZLEMENT

A person [also] wrongfully takes, obtains, or withholds property from an owner when, having been entrusted to hold such property on behalf of the owner, such person thereafter, without the permission or authority of the owner, intentionally exercises control over it in a manner inconsistent with the continued rights of the owner, knowing that he has no permission or authority to do so.⁷

LARCENY BY FALSE PRETENSE

A person [also] wrongfully takes, obtains, or withholds property from an owner when that person makes a false representation of a past or existing fact while aware that such representation is false, and obtains possession and title to the property as a result of the owner's reliance upon such representation. ⁸

LARCENY BY FALSE PROMISE

A person [also] wrongfully takes, obtains, or withholds property when, pursuant to a scheme to defraud, he or she obtains property of another by means of a representation, express or implied, that he or she or a third person will in the future engage in particular conduct, and when he or she does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct. The defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed.⁹

LARCENY BY TRICK

A person [also] wrongfully takes, obtains, or withholds property from an owner when that person engages in some trick, fraudulent device, or artifice, and thereby obtains possession of the property, and exercises possession over that property for a period of time, however temporary, in a manner inconsistent with the continued rights of the owner.¹⁰

LARCENY BY WAGE THEFT ¹¹

A person [also] wrongfully takes, obtains, or withholds property from an owner when that person hires an individual to perform services and that individual performs such services, and the person [who hired the individual] does not pay wages, at the minimum wage rate and overtime, or [pay a] promised wage, if greater than the minimum wage rate and overtime, to [that] individual for work performed.¹²