Bill Text: NY S07187 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to larceny.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2014-06-12 - referred to codes [S07187 Detail]

Download: New_York-2013-S07187-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7187
                                   I N  S E N A T E
                                      May 2, 2014
                                      ___________
       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:
    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 obtains property of another by means of a representation,
    6  express  or implied, that he or a third person will in the future engage
    7  in particular conduct, and when he does not intend  to  engage  in  such
    8  conduct  or,  as the case may be, does not believe that the third person
    9  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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13773-01-4