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
                                ___________
 
 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