Senate Bill S4593

2015-2016 Legislative Session

Relates to larceny

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S4593 (ACTIVE) - Details

See Assembly Version of this Bill:
A4470
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7187, A8781
2017-2018: A3275
2019-2020: A1858

2015-S4593 (ACTIVE) - Summary

Relates to larceny.

2015-S4593 (ACTIVE) - Sponsor Memo

2015-S4593 (ACTIVE) - Bill Text download pdf

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

                                  4593

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 30, 2015
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 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;
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07281-01-5


              

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