Some of New York State’s criminal laws include Article 140, dealing with burglary and related offenses, and Article 155, dealing with larceny. New York is one of the few states that has adopted almost every provision of the Model Penal Code promulgated by the American Law Institute.
In New York State, burglary is defined as knowingly entering or remaining unlawfully into a building with the intent to commit a crime therein. Burglary is divided into first, second and third degree, which vary depending on the aggravating circumstances surrounding the crime. Some of these aggravating circumstances include whether the building is a dwelling, whether the actor is armed with a deadly weapon and whether the actor causes physical injury.
Larceny is broadly defined as the wrongful taking, obtaining or withholding of property from an owner with the intent to deprive that person from such property. In New York State, actions that meet the definition of “wrongfully obtaining” include purchasing goods with a bad check or through a false promise by threatening the owner with future physical injury or by threatening to expose a secret or publicize an asserted fact. An individual has a defense against a larceny charge if the individual believes that he has a good faith claim of right to the property taken.