Articles Posted in Petit Larceny

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This is a written version of a decision that was delivered orally on a motion to dismiss an indictment.

This case is one of a dozen separate cases resulting from an investigation by the District Attorney and a Grand Jury of alleged insurance fraud by a number of lawyers and doctors in the New York City metropolitan area involving false claims for injuries in accidents.

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Respondent has been charged with Grand larceny; Criminal Possession of Stolen Property; and Unauthorized Use of a Vehicle. Petitioner moved to amend the petition to include three additional charges against respondent: Petit Larceny; Possession of Burglar’s Tools; Possession of Stolen Property in the Third Degree. Respondent submitted an Answering Affirmation and Cross Application for Dismissal, and petitioner submitted a Reply Affirmation which includes a further motion to amend. All of the pleadings and proceedings had herein have been considered in reaching the court’s decision.

The first issue to be addressed in deciding this motion to amend is whether C.P.L. § 100.45(3) is applicable as contended by petitioner, or whether C.P.L. § 100.45(2) is the appropriate subsection as posited by the respondent. The former criminal subsection applies to amendment of an Information, while the latter subsection applies to amendment of a Prosecutor’s Information. Therefore, application of the appropriate subsection depends on the classification of a juvenile delinquency petition as analogous to an Information or Prosecutor’s Information, which appears to be an issue of first impression.

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Defendant was charged of four counts of common law larceny, one count alleging grand larceny, first degree, and three counts of petit larceny. This indictment was prepared in accordance with Section 276 of the Code of Criminal Procedure and is commonly known as a ‘long form indictment.’

A Grand larceny case said that when the People sought to introduce criminal evidence at the trial that the defendant made use of a false or fraudulent representation or pretense in the commission of the larceny, it was met with an objection by the defendant that such testimony was inadmissible since the indictment failed to meet the requirements of Subdivision 1 of Section 1290-a of the Penal Law which provides as follows: ‘if the defendant made use of any false or fraudulent representation or pretense in the course of accomplishing, or in aid of, or in facilitating the theft, evidence thereof may not be received at the trial unless the indictment or information alleges such representation or pretence.’

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It is common to discover that many of our youths of today are the ones who fall into committing crimes of robbery that even start as simple as shoplifting according to a New York shoplifting lawyer. The case that can help you unravel it out all the more with the assistance of an expert would be that of Andre Garcia. The factors that were included in his crime of robbery include that of the use of illegal drugs. In the robbery crimes that he was involved in, the victims never really saw a gun displayed but they saw that the defendant was holding something inside his pocket. There was even once instance that one of the victims thought it was a knife.

With further investigation, the source who was also there during one of the trial hearings that it was a starter pistol under the possession of Garcia. He placed it against the body of the victims so as to threaten them and give in to his demands easily even if his pistol is not capable of discharging any bullets. It was between the months of April and May in 1989 that he committed numerous robberies within the area of Washington Heights.

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