{"jurisdiction": "us-ny", "code": "penal", "section": "155.45", "citation": "Penal Law § 155.45", "heading": "Larceny; pleading and proof", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/PEN/155.45", "from_official_api": true, "plain_english": "How larceny must be charged and proved:\n- **(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.\n- **(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**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/155.45", "publisher": "Elyphived LLC"}