New York Penal Law 155.35(2): Grand Larceny of an Automated Teller Machine or Contents

The most commonly prosecuted Grand Larceny cases in New York revolve around the value of the property in question. Whether there is a theft by embezzlement, trick or extortion, the degree of the Grand Larceny often relates directly to that value. For example, should you steal $2,000 from an employer by embezzlement or trick someone into giving you $2,000 in exchange for a item with no value, your arrest charge would likely be Grand Larceny in the Fourth Degree pursuant to New York Penal Law 155.30(1) because the value of the theft exceeded $1,000, but was less than or equal to $3,000. In such a case,

In 2010, however, the New York State legislature added a new charge that New York criminal defense attorneys must fight against. Now, should you steal that same $2,000 your crime may be raised a degree to the more serious Grand Larceny in the Third Degree. According to New York Penal Law 155.35(2), one is guilty of Grand Larceny in the Third Degree if the property one steals is an automated teller machine (ATM) or the contents of an automated teller machine. Examining this statute further, regardless of the value of the physical ATM, if you hijack that ATM from a convenient store, bodega, or any other establishment, your crime automatically is a “D” felony even if the value of that ATM is $750 or $2,000 dollars. Furthermore, the contents of the ATM are also subject to this statute. Therefore, it appears that if you withdraw funds from an ATM, let’s say $750 for the purpose of this hypothetical, and you are stealing these funds from another person, you would also be guilty of Grand Larceny in the Third Degree based on this statute. Compounding matters, if you perpetrate this crime a second time in a five year period or this is merely your second Grand Larceny, you would also face the elevated offense New York Penal Law 155.43, Aggravated Grand Larceny of an Automated Teller Machine. A “C” felony, Aggravated Grand Larceny is punishable by up to fifteen years in state prison while the “D” felony is punishable by up to seven years in state prison .

It is important to note that this crime does not supersede or prevent law enforcement in New York to prosecute you with additional offenses. That is, if you use another person’s debit card to steal $750 from an ATM you would likely face the felony crimes of Criminal Possession of Stolen Property in the Fourth Degree for possessing a stolen debit card and Identity Theft in the Second Degree for using the personal identifying information of that person (their debit card number) to steal their $750. Depending on your conduct, there could also be additional offenses charged in your arrest.

The criminal laws and statutes relating to Grand Larceny, Identity Theft and other fraud related crimes is constantly evolving in New York. What is construed as a minor or non-criminal offense today may become a serious felony in the future. Whether you are a criminal lawyer in New York or not, staying apprised of these statutes is imperative.

For a wealth of information on the degrees and types of felony theft crimes and Grand Larceny in New York, please follow the highlighted link to the Grand Larceny information page. On that page you will not only find analysis of statutes, but numerous blog entries from the New York Criminal Lawyer Blog which further review legal decisions and cases pending in the news.

Founded by two former Manhattan prosecutors, Saland Law PC is a New York City and metropolitan criminal defense practice representing those accused of Grand Larceny and other white collar crimes throughout the region.

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