S T A T E O F N E W Y O R K
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2625
2011-2012 Regular Sessions
I N S E N A T E
January 27, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to grand larceny and unau-
thorized use of a vehicle and repealing subdivision 1 of section
165.05 of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 155.35 of the penal law, as amended by chapter 464
of the laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
A person is guilty of grand larceny in the third degree when he or
she:
1. steals property and:
[1.] (A) when the value of the property exceeds three thousand
dollars, or
[2.] (B) the property is an automated teller machine or the contents
of an automated teller machine; OR
2. COMMITS THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED
IN SUBDIVISION EIGHT OF SECTION 155.30 OF THIS ARTICLE AND HAS BEEN
PREVIOUSLY CONVICTED OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE
AS DEFINED IN SUCH SUBDIVISION.
Grand larceny in the third degree is a class D felony.
S 2. Subdivision 1 of section 165.05 of the penal law is REPEALED.
S 3. Section 165.06 of the penal law, as amended by chapter 413 of
the laws of 1982, is amended to read as follows:
S 165.06 Unauthorized use of a vehicle in the second degree.
A person is guilty of unauthorized use of a vehicle in the second
degree when:
He commits the crime of unauthorized use of a vehicle in the third
degree as defined in subdivision [one] TWO of section 165.05 of this
article and has been previously convicted of THIS SECTION OR the crime
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07295-01-1
S. 2625 2
of unauthorized use of a vehicle in the third degree as defined in
subdivision [one] TWO of section 165.05 [or second degree]OF THIS ARTI-
CLE within the preceding ten years.
Unauthorized use of a vehicle in the second degree is a class E felo-
ny.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.