Penal Law § 155.45

Larceny; pleading and proof · as in force on May 31, 2026

§ 155.45 Larceny; pleading and proof.

1. Where it is an element of the crime charged that property was taken from the person or obtained by extortion, an indictment for larceny must so specify. In all other cases, an indictment, information or complaint for larceny is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the particular theory of larceny involved.

2. Proof that the defendant engaged in any conduct constituting larceny as defined in section 155.05 is sufficient to support any indictment, information or complaint for larceny other than one charging larceny by extortion. An indictment charging larceny by extortion must be supported by proof establishing larceny by extortion.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/155.45

In plain English

How larceny must be charged and proved:

(1) If taking from the person or obtaining by extortion is an element, the indictment must say so. Otherwise an indictment, information or complaint is sufficient if it alleges the defendant stole property of the required nature or value, without naming the method or theory of larceny.
(2) Proof of any conduct that is larceny under § 155.05 supports any larceny charge except one charging larceny by extortion. ★ A charge of larceny by extortion must be proved by evidence of extortion. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.