 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1858
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  SCHIMMINGER,  SIMOTAS, ENGLEBRIGHT, GUNTHER,
          JAFFEE, OTIS,  COOK,  BRONSON  --  Multi-Sponsored  by  --  M.  of  A.
          PEOPLES-STOKES,  PERRY, STECK, THIELE -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to larceny

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (d)  of subdivision 2 of section 155.05 of the
     2  penal law is amended to read as follows:
     3    (d) By false promise.
     4    A person obtains property by false promise when, pursuant to a  scheme
     5  to  defraud,  he or she obtains property of another by means of a repre-
     6  sentation, express or implied, that he, she or a third  person  will  in
     7  the  future  engage  in  particular conduct, and when he or she does not
     8  intend to engage in such conduct or,  as  the  case  may  be,  does  not
     9  believe that the third person intends to engage in such conduct.
    10    In any prosecution for larceny based upon a false promise, the defend-
    11  ant's  intention  or  belief that the promise would not be performed may
    12  not be established by or inferred from the fact alone that such  promise
    13  was not performed. Such a finding may be based only upon evidence estab-
    14  lishing that the facts and circumstances of the case are wholly consist-
    15  ent  with  guilty intent or belief and wholly inconsistent with innocent
    16  intent or belief, and excluding to a moral  certainty  every  hypothesis
    17  except  that  of  the  defendant's  intention or belief that the promise
    18  would not be performed; provided that partial performance of such  prom-
    19  ise  does  not,  by  itself, preclude a reasonable jury from making such
    20  finding from all the facts and circumstances;
    21    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03930-01-9
Relates to larceny

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Why It Matters
