N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Theft / ARTICLE Larceny
New York Consolidated Laws

N.Y. Penal Law § 155.15 (2026)

Larceny; defenses

✓ current as of May 2026
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§ 155.15 Larceny; defenses.
  1. In any prosecution for larceny committed by trespassory taking or
embezzlement, it is an affirmative defense that the property was
appropriated under a claim of right made in good faith.
  2. In any prosecution for larceny by extortion committed by instilling
in the victim a fear that he or another person would be charged with a
crime, it is an affirmative defense that the defendant reasonably
believed the threatened charge to be true and that his sole purpose was
to compel or induce the victim to take reasonable action to make good
the wrong which was the subject of such threatened charge.
Notes of Decisions
Cited in 45 cases (2 in the last 5 years), 1984–2024 · leading case: People v. Green, 841 N.E.2d 289 (NY 2005).
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People v. Green, 841 N.E.2d 289 (NY 2005). · cites it 3× “In a prosecution for robbery of a specific chattel, is a defendant who in good faith believed that the property was his entitled to a “claim-of-right” jury instruction? Both because the Legislature has limited the availability of the statutory claim-of-right defense to…”
People v. Reid, 508 N.E.2d 661 (NY 1987). · cites it 4× “The common issue presented by these two appeals is whether a good-faith claim of right, which negates larcenous intent in certain thefts (see, Penal Law § 155.15 [1]), also negates the intent to commit robbery by a defendant who uses force to recover cash allegedly owed him.”
People v. Zona, 928 N.E.2d 1041 (NY 2010). · cites it 3× “Defendant argued that he honestly believed that he could take the property and that the People’s failure to properly instruct the grand jury on the good faith claim of right defense unfairly prejudiced him (see Penal Law § 155.15 [1]). County Court reviewed the grand jury…”
Bouveng v. NYG Capital LLC, 175 F. Supp. 3d 280 (S.D.N.Y. 2016). · cites it 2× “” N.Y. Penal Law § 155.15 (2); see also People v.”
People v. Kozlowski, 898 N.E.2d 891 (NY 2008). · cites it 2× “First, the People sought to use Boies’s account of his conversation with Swartz to undercut defendants’ claim that they had taken the August 1999 bonuses in good faith (see Penal Law § 155.15). Second, in response to Swartz’s eliciting testimony tending to show that the board…”
People v. Hodges, 113 A.D.2d 514 (N.Y. App. Div. 1985). · cites it 3× “Should a defendant who purchases contraband be entitled to assert a claim of right defense (Penal Law § 155.15 [1]) to a robbery charge when he allegedly used force to recover money spent in the purchase? For the reasons stated below, we answer this question in the negative and…”
People v. Wilkerson, 140 A.D.3d 1297 (N.Y. App. Div. 2016). “To the extent that defendant contends that the victim’s purse “was appropriated under a claim of right made in good faith” (Penal Law § 155.15 [l]); we need note only that this defense to specific types of larcenies has limited application to a forcible taking, i.”
Dawkins v. Williams, 511 F. Supp. 2d 248 (N.D.N.Y. 2007). · cites it 3× “14 However, in 1965, the New York State legislature enacted a law providing that, in any prosecution for larceny by extortion, it is an affirmative defense that “the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce…”
People v. Kachadourian, 2020 NY Slip Op 3572 (N.Y. App. Div. 2020). “In this regard, defendant asserts that he acted "under a claim of right made in good faith" (Penal Law § 155.15 [1]; see Penal Law § 155.”
People v. Brown, 107 A.D.3d 1145 (N.Y. App. Div. 2013). “In a prosecution for larceny by embezzlement, it is a defense “that the property was appropriated under a claim of right made in good faith” (Penal Law § 155.15 [1]). Defendant testified that he received the $1,000 check for reimbursement and the $18,000 was in exchange for a…”
State v. Pellegrino, 480 A.2d 537 (Conn. 1984). “See Report of the Commission to Revise the Criminal Statutes (1965). The New York statute now expressly provides that a coparticipant is not “another person” as used in the statute.”
People v. Pagan, 968 N.E.2d 960 (NY 2012). “Although it is a defense to larceny “that the property was appropriated under a claim of right made in good faith” (Penal Law § 155.15 [1]), our case law has limited the application of that defense to robbery.”
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