S T A T E O F N E W Y O R K
________________________________________________________________________
1858
2019-2020 Regular Sessions
I N A S S E M B L Y
January 17, 2019
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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:
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 OR SHE obtains property of another by means of a repre-
sentation, express or implied, that he, SHE or a third person will in
the future engage in particular conduct, and when he OR SHE 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;
§ 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