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

N.Y. Penal Law § 155.35 (2026)

Grand larceny in the third degree

✓ current as of May 2026
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§ 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when such
person steals property and:
  1. when the value of the property exceeds three thousand dollars, or
  2. the property is an automated teller machine or the contents of an
automated teller machine, 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
three 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. when such person commits deed theft of one commercial real
property, regardless of the value.
  ** NB There are 2 sb 3's
  Grand larceny in the third degree is a class D felony.
Notes of Decisions
Cited in 469 cases (33 in the last 5 years), 1980–2026 · leading case: People v. Cooper, 2021 NY Slip Op 04259 (N.Y. App. Div. 2021).
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People v. Cooper, 2021 NY Slip Op 04259 (N.Y. App. Div. 2021). · cites it 2× “when the value of the property exceeds [$3,000]" (Penal Law § 155.35 [1]). "In determining the value of stolen property, the jury need only have a reasonable, rather than speculative, basis for inferring that the value exceeded the statutory requirement.”
People v. Hecker, 942 N.E.2d 248 (NY 2010). “25) and grand larceny in the third degree by extortion (Penal Law § 155.35). From September 2001 to the date of the 2004 indictment, Guardino, a business agent for Local Union No.”
People v. Norman, 650 N.E.2d 1303 (NY 1995). · cites it 2× “The jury thereafter found defendant guilty of third degree grand larceny (Penal Law § 155.35) and third degree criminal possession of stolen property (Penal Law § 165.”
People v. Kendzia, 476 N.E.2d 287 (NY 1985). “After a nonjury trial, both defendants were convicted of grand larceny in the second degree (Penal Law § 155.35), offering a false instrument for filing in the first degree (Penal Law § 175.”
People v. Alfaro, 108 A.D.2d 517 (N.Y. App. Div. 1985). · cites it 3× “20) and attempted grand larceny in the second degree (Penal Law §§ 155.35, 110.00). The indictment essentially alleged that during the period from February 24, 1981 through January 31, 1982, the defendants, while acting in concert with one another committed a fraudulent…”
People v. Sutherland, 102 A.D.3d 897 (N.Y. App. Div. 2013). · cites it 3× “The defendant was charged, inter alia, with grand larceny in the third degree, in violation of Penal Law § 155.35 (1), based on allegations that he stole 12 cellular telephones by removing them from the various display podiums to which they were tethered inside a T-Mobile store…”
People v. Khan, 965 N.E.2d 901 (NY 2012). · cites it 2× “10), grand larceny in the third degree (Penal Law § 155.35), criminal diversion of prescription medications in the second degree (Penal Law § 178.”
Garvey v. Duncan, 485 F.3d 709 (2d Cir. 2007). “25 [2], grand larceny in the third degree, N.Y. Penal Law § 155.35 , and criminal possession of stolen property in the third degree, N.”
People v. Tunit, 2017 NY Slip Op 3201 (N.Y. App. Div. 2017). “40 [1]), grand larceny in the third degree (four counts) (Penal Law § 155.35 [1]), and grand larceny in the fourth degree (Penal Law § 155.”
People v. Frazier, 941 N.E.2d 1151 (NY 2010). “He was also convicted of grand larceny in the third degree for stealing property valued at over $3,000 (see Penal Law § 155.35 [1]). These statutes do not contain the same actus reus.”
The People v. Ronald D. Rossborough, 54 N.E.3d 71 (NY 2016). “35) and grand larceny in the third degree (Penal Law § 155.35). He pleaded guilty to grand larceny in the third degree (a class D felony) in full satisfaction of the indictment on the condition that he would be sentenced as a second felony offender to an indeterminate term of 3…”
People v. Barnes, 139 A.D.3d 1371 (N.Y. App. Div. 2016). “We agree with defendant, however, that the evidence is not legally sufficient to support the conviction with respect to grand larceny in the third degree under count two of the indictment because there is insufficient evidence that the value of the property stolen was $3,000 or…”
Show all 469 citing cases →
— N.Y. Penal Law § 155.35(1) — 5 cases
Matter of Serber, 2023 NY Slip Op 00872 (N.Y. App. Div. 2023).
People v. Soniel V., 2025 NY Slip Op 51890(U) (N.Y. Fam. Ct. 2025).
Matter of Wiener, 2020 NY Slip Op 2386 (N.Y. App. Div. 2020).
Matter of Lenowitz, 2020 NY Slip Op 4394 (N.Y. App. Div. 2020).
Matter of Burke, 2023 NY Slip Op 04204 (N.Y. App. Div. 2023).
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