Crim Law 6

1) ELEMENTS—trespassory taking and carrying away of the personal property of another, with the intent to steal

• TRESPASSORY—wrongful or w/o permission
• TAKING/CARRYING AWAY—must be MOVED
• PERSONAL PROPERTY—key is POSSESSION (not legal title)
• INTENT TO STEAL—specific intent to effect a PERMANENT taking

2) A taking under a "CLAIM OF RIGHT" is never larceny

• ∆ WRONGFULLY takes property, but w/o specific intent to steal at time of physical act, and
• ∆ LATER forms intent to steal

Result—initial trespassory taking is considered to have "continued," and ∆ will be guilty for larceny

1) DEFINITION

• CONVERSION of
• PERSONAL PROPERTY of another person
• by a person ALREADY IN LAWFUL POSSESSION of that property
• with INTENT TO DEFRAUD

2) SPECIFIC INTENT TO DEFRAUD

3) KEY DIFFERENCE FROM LARCENY—∆ already has LAWFUL POSSESSION

CUSTODY—custody of property

POSSESSION—custody plus AUTHORITY to exercise DISCRETION over the property

1) DEFINED

• Obtaining TITLE to the personal property of another, by an
• INTENTIONALLY FALSE STATEMENT (not a future promise)
• with the INTENT TO DEFRAUD

2) KEY DIFFERENCE FROM LARCENY—∆ gets TITLE, while in larceny ∆ only gets possession

When ∆ obtains ONLY POSSESSION, but not TITLE, as a result of intentional false statement

1) ELEMENTS

• a LARCENY
• from another's PERSON or PRESENCE¹
• by FORCE² or threat of IMMEDIATE³ injury

2) SPECIFIC INTENT TO STEAL

¹Presence includes V's vicinity or from V's house while V is in it

²Force means sufficient to overcome resistance

³Threat must be immediate (e.g., "your money or your life"), not a promise of future injury, or embarrassment ("I'll post those pictures of you on FB")

1) DEFINED—Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick at common law is considered LARCENY in NY

• 2) DEGREES—3RD > $ 3,000 ("starting point")
• 4TH > $ 1,000
• 2ND > $500,000
• 1ST > $ 1 MM

1) ROBBERY-3 (DEFAULT)—"FORCIBLE STEALING"

2) ROBBERY-2—"forcible stealing" plus any one of the following

• ∆ is AIDED BY ANOTHER actually present, OR
• victim is INJURED, OR
• CAR is stolen

3) ROBBERY-1—"forcible stealing," plus any one of the following

• victim is SERIOUSLY INJURED
• ∆ uses or displays a FIREARM†

†if ∆ can prove that the gun was UNLOADED or INOPERABLE, the crime is reduced to Robbery-2

1) ELEMENTS

• MAKING or ALTERING a writing
• so that it is FALSE

2) INTENT TO DEFRAUD

1) ELEMENTS

• OFFERING as genuine
• a FORGED instrument

2) INTENT TO DEFRAUD

1) ELEMENTS—DESTROYING or DAMAGING someone else's property

2) INTENT TO DEFRAUD

†NY calls this crime "criminal mischief"

1) POSSESSION means

• CONTROL of a CONTRABAND
• for a period long enough to have an OPPORTUNITY TO TERMINATE POSSESSION

2) CONSTRUCTIVE POSSESSION—∆ can exercise DOMINION and CONTROL over contraband

3) REQUIRED MENTAL STATE—KNOWLEDGE

• that contraband item is POSSESSED, and
• of the CHARACTER of the item