NY BAR REVIEW 26

Question 1

larceny

Answer 1

crimes ag property-

1. by trespassory taking
2. by trick
3. false pretenses
4. embezzlement - real property and computer data and programs

Question 2

what is larceny

Answer 2

acquiring property known to be lost or mislaid, issuing bad check, false promise, extortion, embezzlement, appropriating leased or rented items.

Question 3

false promise

Answer 3

person pursuant to scheme to defraud obtains property of another by means of express or implied representation that he or 3rd person will in the future engage in particular conduct and doesnt intend to engage in such conduct or doesnt believe that 3rd person intends to engage in such conduct

Question 4

taking property of another from one w possession

Answer 4

person converts goods or which has lawful possession, will usually be guilty of some from of larceny

Question 5

larceny’s state of mind, insufficient intent

Answer 5

defense to larceny if def appropriated property under claim of right made in good faith

Question 6

larceny degrees are graded by what?

Answer 6

value of property taken and manner by which acquired

Question 7

petit larceny

Answer 7

class a misdemeanor, any property

Question 8

grand larceny, 4th deg

Answer 8

class e felony.
property > 1000 bux.
public records.
secret scientific material.
property taken from person of another, not robbery.
property taken by extortion.
credit or debit cards.
firearms.
motor vehicle valued > 100 bux.
property used for/kept at place of worship and valued at least 100 bux.

Question 9

grand larceny 3rd deg

Answer 9

class d felony.
property worth > 3000 bux or property is an atm or contents of it

Question 10

grand larceny 2nd deg

Answer 10

class c felony. 
property worth > 50000 bux or extortion by fear of physical injury, damage to property, or def's abuse of powers as public servant

Question 11

grand larceny 1st deg

Answer 11

class b felony.
property worth > 1 mil bux

Question 12

valuing property

Answer 12

where property cant satisfactorily be ascertained, its deemed worth < 250 bux.
other property valued at market value at time of taking.
retail price governs if object is stolen from a store.

Question 13

civil liability for larceny

Answer 13

imposed on adult or emancipated minor and parents / legal guardians of minor, who commits larceny ag property of merchant. obligation is to repay full retail value of merchandise if its not recovered in merchantable condition, plus penalty not to exceed $500.

Question 14

false pretenses / bad check

Answer 14

class b misdemeanor

Question 15

if check used to obtain property, its what?

Answer 15

larceny

Question 16

false pretenses / bad check - elements are?

Answer 16

person as drawer or agent puts check into circulation, knowing that doesnt have sufficient funds to cover it, w intent or belief that payment will be refused by drawee and payment is refused by drawee.
also, when def doesnt draw check but passes it as a transferfor purposes other than ocllection under circumstances above.

Question 17

false pretenses / bad check - knowledge and intent of drawer are presumed if what?

Answer 17

no account exists w drawee or has insufficient funds on account at time of issuance and presentation. check must be presented w in 30 days of issuance.

Question 18

false pretenses / bad check - affirmative def

Answer 18

if def or another makes good the check w in 10 days of being dishonored or def was employee acting at direction of employer and not for own benefit.