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Larceny and NY levels of larceny
Trespassory taking and carrying away of personal property of another with the intent to permanently deprive that person of the property,
Petty larceny:$1,000 or less
4th degree:
- btwn $1000 and $3000
- property of public record, motor vehicle, or religious aritcles
- theft from victim's body
- extorsion
3rd degree: between $3,000 and $50,000
2nd degree:
- between $50,000 and $1,000,000
- extortion with threat of physical injury
- theft through abuse of position as public servant
1st degree: greater than $1,000,000
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Larceny by trick
Obtaining possession by misrepresentation with the unlawful intent to convert, and then does so.
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Forgery and NY levels
Fraudulent making of a false writing with apparent legal significance with intent to defraud.
Legal significance = has value beyond its own existence (e.g., a contract, deed, or will, but not a painting)
Issuance of bad check: knows he has insufficient funds, expects check to bounce, and check bounces
3rd degree: intentionally making or altering a written instrument
2nd degree: 3rd degree + instrument is a deed, will, contract, assingment, credit card, prescription, etc.
1st degree: 3rd degree + instrument is money, stamps, securities, stocks, or bonds
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Embezzlement
Fraudulent conversion of another's property by one in lawful possession of the property,
Conversion = serious interference with owner's right to property by inappropriately using the property.
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False pretenses
Obtaining title to another's property through that person's reliance on a known false representation of material past or present fact where representation is made with intention to defraud.
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Robbery and robbery levels in NY
Larceny by force or intimidation where the taking of property is from the person or in his presence
3rd degree: forcible stealing of property
2nd degree: 3rd degree +
- defendant aided by another
- non-participant injured
- defendant displays what appears to be a weapon
- stolen property was a motor vehicle
1st degree: 3rd degree +
- non-participant seriously injured
- defendant is armed with deadly weapon
- defendant threatens to use dangerous instrument
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Burglary and NY levels
Breaking and entering of dwelling of another at night with specific intent to commit a felony therein
3rd degree: knowl=ingly entering and remaining unlawfully in a building with the intent to commit a crime
2nd degree: 3rd degree +
- armed with deadly weapon
- threatens to use dangerous instrument
- injures a non-participant
- commits crime in a dwelling
1st degree: 3rd degree + building is a dwelling and
- aremed with deadly weapon
- threatens use or uses dangerous instrument
- injures non-participant
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Receiving of stolen property and NY levels
Receiving control of stolen property with knowledge that it is stolen and intent to permanently deprive the owner.
5th degree: below $1000 value
4th degree:
- value btwn $1000 and $3000
- credit, debit, or public benefit card
- firearm
- motor vehicle
- religious article
3rd degree: value btwn $3000 and $50,000
2nd degree:value btwn $50,000 and $1,000,000
1st degree: value greater than $1,000,000
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