NY Theft and Property Crimes

Question 1

“Larceny” in NY encompasses which 4 MBE crimes?

Answer 1

1. larceny
2. larceny by trick
3. embezzlement
4. false pretenses

Question 2

NY degree of larceny determined by?

Answer 2

value of property. 3rd degree over $3000.
2nd degree over 50K
1st degree over $1M

Question 3

NY 3rd degree robbery def

Answer 3

forceable stealing

Question 4

NY 2nd degree robbery

Answer 4

3rd + injured V or car stolen or accomplice

Question 5

NY 1st degree robbery

Answer 5

2nd + firearm or V seriously injured (though unloaded/inoperable gun = back down to 2nd degree)

Question 6

is robbery qualified under NY law for felony murder?

Answer 6

yes

Question 7

4 elements of third-degree burglary New York

Answer 7

1. Entering or remaining
2. In a building
3. Unlawfully
4. With the intent to commit a crime inside (any crime, not just felonies).

Question 8

What moves the burglary from third-degree to second-degree under New York law?

Answer 8

1. The building is a drawing, or
2. A nonparticipant is injured, or
3. The defendant carries a weapon.

Question 9

Under New York law, what is required to move a burglary from second-degree to first-degree?

Answer 9

The defendant knows that he is burglarizing a dwelling plus either 1. A nonparticipant is injured, or 2. The defendant carries a weapon.

Question 10

If a homeless person in winter breaks into your home to get warm, and upon leaving the sees and decides to steal your laptop, has he committed burglary? Why or why not?

Answer 10

Yes, he is guilty of burglary because, under New York law, burglary includes REMAINING in the building with intent to commit a crime.

Question 11

4th degree arson is the reckless burning of a building. What is third-degree arson?

Answer 11

The intentional burning of the building is third-degree under New York law.

Question 12

What is second-degree arson under New York law?

Answer 12

When the defendant knows or should have known that someone was inside the building

Question 13

(When is it first-degree arson under New York law?

Answer 13

When you use an explosive or incendiary device, and it otherwise qualifies as 2nd degree.

Question 14

What are the elements of criminal possession of a weapon under New York law?

Answer 14

The gun must be loaded and operable.

Question 15

For purposes of criminal possession of a weapon, who possesses the weapon if it is in a vehicle?

Answer 15

All occupants of the vehicle

Question 16

What is a New York affirmative defense to criminal possession of stolen property?

Answer 16

The property must really be stolen. That is if it is used with the owner’s permission or after it is recovered, it is not considered “stolen.”

Question 17

Under New York law what crime is it to issue a bad check?

Answer 17

Larceny.

Question 18

Does criminal possession of a forged instrument merge with the crime of forgery?

Answer 18

No, they are separate crimes.