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Penal Law § 155.40 · Article 155. Larceny

Grand larceny in the second degree

Verbatim from the official edition

Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)

§ 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.

Source of truth

Edition
Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/PEN155.40
Text hash
sha256 59f4251394e1a37d783356aed814fe72be52ea84f2678d571807769efe9e9f6d
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
  • The Senate's note "There are 2 sb 3's": the Legislature enacted more than one unit under that number; each is printed.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.