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

N.Y. Penal Law § 155.40 (2026)

Grand larceny in the second degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 370 cases (29 in the last 5 years), 1985–2026 · leading case: Amilcar Francisco-Lopez v. Attorney Gen. USA, 970 F.3d 431 (3rd Cir. 2020).
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Amilcar Francisco-Lopez v. Attorney Gen. USA, 970 F.3d 431 (3rd Cir. 2020). · cites it 5× “4 The BIA, “[a]pplying the reasoning of Obeya,” held in Francisco’s case that N.Y. Penal Law § 155.40 (2) “also defines 2 Because the BIA explicitly ruled that its application of Diaz- Lizarraga in Francisco’s case was retroactive, see App.”
United States v. Kirsch, 903 F.3d 213 (2d Cir. 2018). · cites it 3× “N.Y. Penal Law § 155.40 . 13 The statute also explains that "[a] person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so…”
People v. Maracle, 973 N.E.2d 1272 (NY 2012). “Defendant, a bookkeeper/receptionist for a fence installation business, was indicted on one count of grand larceny in the second degree (Penal Law § 155.40 [1]) and four counts of forgery in the second degree (Penal Law § 170.”
United States v. Colotti, 71 F.4th 102 (2d Cir. 2023). · cites it 9× “§ 1962 (c), predicated on Racketeering Acts 4 and 5, which in turn charged violations of N.Y. Penal Law § 155.40 , the New York penal statute defining second degree grand larceny by extortion, or alternatively conspiracy or attempt to violate that statute.”
Bertuglia v. City of New York, 133 F. Supp. 3d 608 (S.D.N.Y. 2015). · cites it 2× “” N.Y. Penal Law § 155.40 (1). The plaintiffs contend there was no probable cause because there was no evidence that the plaintiffs knew about the "new and unused equipment” requirement in the contract, knew that two pieces of equipment had not been delivered, and ever…”
People v. Kindlon, 217 A.D.2d 793 (N.Y. App. Div. 1995). · cites it 2× “Defendant was charged in counts 1, 3 and 5 of the indictment with grand larceny in the second degree in violation of Penal Law § 155.40 (1), committed by borrowing large sums of money from three separate victims on the pretext that he needed the money to finance fictitious law…”
Crispino v. Allard, 378 F. Supp. 2d 393 (S.D.N.Y. 2005). · cites it 2× “By the first judgment, Crispino was convicted, after a jury trial, of the following charges contained in New York County Indictment Number 8550/98: one count of grand larceny in the second degree ( N.Y. Penal Law § 155.40 (1)); two counts of grand larceny in the third degree ( N.”
People v. Tunit, 2017 NY Slip Op 3201 (N.Y. App. Div. 2017). “A grand jury indicted the defendant for grand larceny in the second degree (four counts) (Penal Law § 155.40 [1]), grand larceny in the third degree (four counts) (Penal Law § 155.”
Dawkins v. Williams, 511 F. Supp. 2d 248 (N.D.N.Y. 2007). · cites it 4× “” The statute reads as mentioned above “A person is guilty of grand larceny in the second degree when he steals property and when: 1) the value of the property exceeds fifty thousand dollars.”
People v. Russell, 55 A.D.3d 1314 (N.Y. App. Div. 2008). “Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of grand larceny in the second degree (Penal Law § 155.40 [1]). Contrary to the contention of defendant, the record establishes that the waiver of his right to appeal was knowingly,…”
People v. Dorn, 71 A.D.3d 1523 (N.Y. App. Div. 2010). “Memorandum: On appeal from a judgment convicting her following a jury trial of grand larceny in the second degree (Penal Law § 155.40 [1]) and conspiracy in the fourth degree (§ 105.”
In re Muraskin, 302 A.D.2d 33 (N.Y. App. Div. 2002). · cites it 2× “Violations of the federal wire fraud statute, 18 USC § 1343 , have been held to be essentially similar to the New York felonies of grand larceny in the second degree (Penal Law § 155.40) and scheme to defraud in the first degree (Penal Law § 190.”
Show all 370 citing cases →
— N.Y. Penal Law § 155.40(1) — 13 cases
Reyes, 28 I. & N. Dec. 52 (BIA 2020).
People v. Griffin, 2019 NY Slip Op 5148 (N.Y. App. Div. 2019).
Matter of Boldi, 2025 NY Slip Op 02340 (N.Y. App. Div. 2025).
Matter of Jacques, 2025 NY Slip Op 05891 (N.Y. App. Div. 2025).
McCoy v. New York State Dep't of Corr. & Cmty. Supervision (E.D.N.Y 2025).
— N.Y. Penal Law § 155.40(2) — 2 cases
United States v. Antico, 692 F.3d 79 (2d Cir. 2012).
United States v. Kirsch, 151 F. Supp. 3d 311 (W.D.N.Y. 2015).
— N.Y. Penal Law § 155.40(2)(b) — 3 cases
Amilcar Francisco-Lopez v. Attorney Gen. USA, 970 F.3d 431 (3rd Cir. 2020). “4 The BIA, “[a]pplying the reasoning of Obeya,” held in Francisco’s case that N.Y. Penal Law § 155.40 (2) “also defines 2 Because the BIA explicitly ruled that its application of Diaz- Lizarraga in Francisco’s case was retroactive, see App.”
United States v. Colotti, 71 F.4th 102 (2d Cir. 2023). “§ 1962 (c), predicated on Racketeering Acts 4 and 5, which in turn charged violations of N.Y. Penal Law § 155.40 , the New York penal statute defining second degree grand larceny by extortion, or alternatively conspiracy or attempt to violate that statute.”
Amilcar Francisco-Lopez v. Attorney Gen. USA (3rd Cir. 2020).
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