Assembly Bill A8781

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8781

                          I N  A S S E M B L Y

                            February 12, 2014
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER,  SIMOTAS, ENGLEBRIGHT, GUNTHER,
  JAFFEE, OTIS, ROSA, CLARK, COOK -- Multi-Sponsored  by  --  M.  of  A.
  JACOBS,  MAGEE, MARKEY, PEOPLES-STOKES, PERRY, SKARTADOS, STECK, SWEE-
  NEY, 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:

  Section  1.  Paragraph  (d)  of subdivision 2 of section 155.05 of the
penal law is amended to read as follows:
  (d) By false promise.
  A person obtains property by false promise when, pursuant to a  scheme
to defraud, he obtains property of another by means of a representation,
express  or implied, that he or a third person will in the future engage
in particular conduct, and when he does not intend  to  engage  in  such
conduct  or,  as the case may be, does not believe that the third person
intends to engage in such conduct.
  In any prosecution for larceny based upon a false promise, the defend-
ant's intention or belief that the promise would not  be  performed  may
not  be established by or inferred from the fact alone that such promise
was not performed. Such a finding may be based only upon evidence estab-
lishing that the facts and circumstances of the case are wholly consist-
ent with guilty intent or belief and wholly inconsistent  with  innocent
intent  or  belief,  and excluding to a moral certainty every hypothesis
except that of the defendant's intention  or  belief  that  the  promise
would  not be performed; PROVIDED THAT PARTIAL PERFORMANCE OF SUCH PROM-
ISE DOES NOT, BY ITSELF, PRECLUDE A REASONABLE  JURY  FROM  MAKING  SUCH
FINDING FROM ALL THE FACTS AND CIRCUMSTANCES;
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13773-01-4