A04470 Summary:

COSPNSRSimotas, Englebright, Gunther, Jaffee, Otis, Cook, Bronson
MLTSPNSRMagee, Markey, Peoples-Stokes, Perry, Skartados, Steck, Thiele
Amd S155.05, Pen L
Relates to larceny.
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A04470 Actions:

02/02/2015referred to codes
01/06/2016referred to codes
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A04470 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2015
        Introduced  by  M.  of  A.  SCHIMMINGER,  SIMOTAS, ENGLEBRIGHT, GUNTHER,
          JAFFEE, OTIS, CLARK, COOK, BRONSON -- Multi-Sponsored by -- M.  of  A.
          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:
     1    Section 1. Paragraph (d) of subdivision 2 of  section  155.05  of  the
     2  penal law is amended to read as follows:
     3    (d) By false promise.
     4    A  person obtains property by false promise when, pursuant to a scheme
     5  to defraud, he or she obtains property of another by means of  a  repre-
     6  sentation,  express  or  implied, that he, she or a third person will in
     7  the future engage in particular conduct, and when he  or  she  does  not
     8  intend  to  engage  in  such  conduct  or,  as the case may be, does not
     9  believe that the third person intends to engage in such conduct.
    10    In any prosecution for larceny based upon a false promise, the defend-
    11  ant's intention or belief that the promise would not  be  performed  may
    12  not  be established by or inferred from the fact alone that such promise
    13  was not performed. Such a finding may be based only upon evidence estab-
    14  lishing that the facts and circumstances of the case are wholly consist-
    15  ent with guilty intent or belief and wholly inconsistent  with  innocent
    16  intent  or  belief,  and excluding to a moral certainty every hypothesis
    17  except that of the defendant's intention  or  belief  that  the  promise
    18  would  not be performed; provided that partial performance of such prom-
    19  ise does not, by itself, preclude a reasonable  jury  from  making  such
    20  finding from all the facts and circumstances;
    21    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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