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New York Court Affirms Defendant’s Larceny Conviction

Recently, a state appellate court issued an opinion in a New York theft case, affirming a defendant’s conviction for grand larceny in the third degree which is a class “D” felony under New York law and is punishable by up to 7 years in prison. The case presents a good illustration of the type of evidence necessary to sustain a New York larceny conviction.

According to the court’s opinion, the defendant opened a bank account in his name. To do so, he provided two forms of identification, as well as all his personal information.  The next day a person known to the defendant then deposited in the defendant’s account the amount of $11,340. To facilitate the deposit, the defendant provided the other person with his debit card and its PIN. The subsequent day, the defendant made a series of withdrawals through several branches and locations, totaling $11,000. Each of these withdrawals was below the monetary limit that would require further investigation by the bank. The defendant could be seen on video making two of the withdrawals. The $11,340 check ultimately turned out to be fraudulent.

The defendant was charged with grand larceny in the third degree, based on the “three-day scheme by which he arranged the deposit of a forged check—into an account apparently created for the sole purpose of housing the stolen funds—and then immediately withdrew the proceeds.”



This post first appeared on New York Criminal Attorney Blog — Published By W, please read the originial post: here

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New York Court Affirms Defendant’s Larceny Conviction

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