§ 1291. Severance of fixture from realty, larceny.

All the provisions of this article apply to cases where the thing taken is a fixture or part of the realty, or any growing tree, plant, or produce, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at a previous time.

Derivation: Penal Code, § 537.

Arone v. Launders (1904), 43 Misc. 138, 88 N. Y. Supp. 259; People v. Wanzer (1904), 43 Misc. 136, 88 N. Y. Supp. 281; Vroom v. Tilly (1906), 184 N. Y. 168, aff'g 99 App. Div. 516, 91 N. Y. Supp. 51, and also 28 Eng. Rep. 127; People v. Gallagher (1908), 58 Misc. 515, 111 N. Y. Supp. 473; People v. Morrison (1908), 124 App. Div. 10, 108 N. Y. Supp. 262.

§ 1292. Completed unissued instruments, property.

All the provisions of this article, and sections four hundred and forty-two and nine hundred and forty-seven of this chapter apply. to cases where the property taken is an instrument for the payment of money, an evidence of debt, a public security, or a passage ticket, completed and ready to be issued or delivered, although the same has never been issued or delivered by the maker thereof to any person as a purchaser or owner.

Derivation: Penal Code, § 536.

Phelps v. People (1878), 49 How. Pr. 437, 72 N. Y. 334; People v. Stevens (1885), 38 Hun, 62, 3 N. Y. Cr. 586, aff'd 109 N. Y. 634; People v. Ward (1885), 3 N. Y. Cr. 483; People v. Fletcher (1905), 110 App. Div. 231, 234, 97 N. Y. Supp. 62; People v. Jackson, 8 Barb. 637; People v. Wiley, 3 Hill, 194.

§ 1293. Obtaining money or property by fraudulent draft. A person who wilfully, with intent to defraud, by color or aid of a check or draft, or order for the payment of money or the delivery of property, when such person knows that the drawer or maker thereof is not entited to draw on the drawee for the sum specified therein, or to order the payment of the amount, or delivery of the property, although no express representation is made in reference thereto, obtains from another any money or property, is guilty of stealing the same and punishable accordingly.

Derivation: Penal Code, § 529.

Smith v. People (1872), 47 N. Y. 303; Lesser v. People (1878), 12 Hun, 670, 73 N. Y. 78; Foote v. People (1879), 17 Hun, 218; People v. Cuyken

dall (1885), 3 N. Y. Cr. 312; Sieling v. Clark (1896), 18 Misc. 465, 41 N. Y. Supp. 982; People v. Dilcher (1902), 38 Misc. 89, 77 N. Y. Supp. 108; People v. Whiteman (1902), 72 App. Div. 90, 16 N. Y. Cr. 461, 76 N. Y. Supp. 211; People v. Putnam (1904), 90 App. Div. 125, 85 N. Y. Supp. 1056; People v. Lipp (1906), 111 App. Div. 504, 98 N. Y. Supp. 86; People v. Huggins (1906), 110 App. Div. 613, 97 N. Y. Supp. 187, 20 Crim. Rep. 257; Allen's Case, 3 City Hall Rec. 118; Decosta's Case,

§ 1293-a. Unauthorized use of vehicles.

City Hall Rec. 83.

Any chauffeur or other person who without the consent of the owner shall take, use, operate or remove, or cause to be taken, used, operated or removed from a garage, stable, or other building or place or from any place or locality on a private or public highway, park, parkway, street, lot, field, inclosure or space an automobile or motor vehicle, and operate or drive or cause the same to be operated or driven for his own profit, use or purpose, steals the same and is guilty of larceny and shall be punishable accordingly.

Added by L. 1909, ch. 514; and amended by L. 1910, ch. 621, in effect June 24, 1910.

1294 Grand larceny in first degree.

A person is guilty of grand larceny in the first degree, who steals, or unlawfully obtains or appropriates, in any manner specified in this article;

1. Property of any value, by taking the same from the person of another in the night time; or,

2. Property of the value of more than twenty-five dollars, by taking the same in the night time from any dwelling-house, vessel, or railway car; or,

3. Property of the value of more than five hundred dollars, in any manner whatever.

Derivation: Penal Code, § 530.

Williams v. People (1862), 24 N. Y. 405; Phelps v. People (1878), 72 N. Y. 334; People v. McTameney (1883), 13 Abb. N. C. 56, 66 How. Pr. 73, 1 N. Y. Cr. 437; People v. Bork (1884), 31 Hun, 360, 1 N. Y. Cr. 368, 91 N. Y. 5; People v. Dunn (1889), 7 N. Y. Cr. 174, 53 Hun, 384, 6 N. Y. Supp. 805; People v. Frazier (1901), 36 Misc. 280, 16 N. Y. Cr. 227, 73 N. Y. Supp. 446; People v. Putnam (1904), 90 App. Div. 127, 85 N. Y. Supp. 1056, 18 Crim. Rep. 105; People v. Snyder (1906), 110 App. Div. 699, 97 N. Y. Supp. 469; People v. Colmey (1907), 117 App. Div. 462, 102 N. Y. Supp. 714, 188 N. Y. 573; People ex rel. Perkins v. Moss (1907), 187 N. Y. 410, aff'g 113 App. Div. 329, 99 N. Y. Supp. 138, 20 Crim. Rep. 75; Higgins v. People, 7 Lans. 110; Rhodiban v. People, 5 Park, 395.

§ 1295. Grand larceny in first degree; how punished.

Grand larceny in the first degree is punishable by imprisonment for a term not exceeding ten years.

Derivation: Penal Code, § 533, as amended L. 1892, ch. 662, § 16.

§ 1296. Grand larceny in second degree.

A person is guilty of grand larceny in the second degree who, under circumstances not amounting to grand larceny in the first degree, in any manner specified in this article, steals or unlawfully obtains or appropriates:

1. Property of the value of more than twenty-five dollars, but not exceeding five hundred dollars, in any manner whatever; or, 2. Property of any value, by taking the same from the person of another; or,

3. A record of a court or officer, or a writing, instrument or record kept filed or deposited according to law, with, or in keeping of any, public office or officer.

People v. Wiggins (1883), 38 Hun, 418, 4 N. Y. Cr. 1, 92 N. Y. 656; People v. McTameney (1883), 13 Abb. N. C. 56, 65 How. 401, 1 N. Y. Cr. 437; People v. Carr (1885), 3 N. Y. Cr. 578; People v. Reavey (1886), 38 Hun, 418, 4 N. Y. Cr. 1, 39 Hun, 364; People v. McCallam (1886), 103 N. Y. 589; People v. Moran (1890), 123 N. Y. 254, 8 N. Y. Cr. 105, rev'g 54 Hun, 279, 7 N. Y. Supp. 582; People v. Frazier (1901), 36 Misc. 280, 73 N. Y. Supp. 446, 16 Crim. Rep. 227; People v. Stein (1903), 80 App. Div. 357, 80 N. Y. Supp. 847; People v. Mills (1904), 178 N. Y. 274, 18 Crim. Rep. 279, aff'g 91 App. Div. 331, 86 N. Y. Supp. 529, 18 Crim. Rep. 127; People v. Fletcher (1905), 110 App. Div. 231, 97 N. Y. Supp. 62, 19 Crim. Rep. 564; Grathwohl v. N. Y. Central & H. R. R. R. Co. (1906), 116 App. Div. 176, 101 N. Y. Supp. 667; People v. Reiss (1906), 114 App. Div. 431, 99 N. Y. Supp. 1002; People v. Koller (1906), 116 App. Div. 173, 101 N. Y. Supp. 518; People v. Gluck (1907), 188 N. Y. 167; People v. Madden (1907), 120 App. Div. 338; People v. Smilie (1907), 118 App. Div. 611, 103 N. Y. Supp. 348.

§ 1297. Grand larceny in second degree; how punished. Grand larceny in the second degree is punishable by imprisonment for a term not exceeding five years.

Derivation: Penal Code, § 534, as amended L. 1892, ch. 662, § 17.

People v. Kerns (1896), 7 App. Div. 534, 40 N. Y. Supp. 243; People v. Poucher (1883), 30 Hun, 577, 1 N. Y. Cr. 546.

§ 1298. Petit larceny defined.

Every other larceny is petit larceny.

Derivation: Penal Code, § 532.

Justices, etc., v. People (1882), 90 N. Y. 12, rev'g 26 Hun, 537; People v. White (1883), 1 N. Y. Cr. 466; People v. Smith (1895), 86 Hun, 485, 33 N.

271

Y. Supp. 989; People v. Stein (1903), 80 App. Div. 357, 80 N. Y. Supp. 847; Matter of Bartholomew (1905), 106 App. Div. 371, 94 N. Y. Supp. 512; People ex rel. Bidwell v. Pitts (1906), 111 App. Div. 319, 97 N. Y. Supp. 509, 19 Crim. Rep. 573.

§ 1299. Petit larceny a misdemeanor. Petit larceny is a misdemeanor.

Derivation: Penal Code, § 535.

People ex rel. Laughlin v. Finn (1882), 87 N. Y. 534; People v. McTameney (1883), 66 How. Pr. 70, 13 Abb. N. C. 55, 30 Hun, 505; People ex rel. Tully v. Fallon (1902), 73 App. Div. 471, 77 N. Y. Supp. 292; People ex rel. Frank v. Davis (1903), 80 App. Div. 456, 80 N. Y. Supp. 872; Hanlon v. Ehrich (1903), 80 App. Div. 359, 80 N. Y. Supp. 692; People v. Finucan (1903), 80 App. Div. 407, 80 N. Y. Supp. 929, 17 Crim. Rep. 254; People v. Stein (1903), 80 App. Div. 357, 80 N. Y. Supp. 847; Cleveland v. Cromwell (1905), 110 App. Div. 82, 96 N. Y. Supp. 475; People ex rel. Burns v. Flaherty (1906), 119 App. Div. 462, 104 N. Y. Supp. 173, 21 Crim. Rep. 224; People ex rel. Cosgriff v. Craig (1908), 60 Misc. 530; Matter of Hallenbeck, 65 How. Pr. 401, 30 Hun, 505, 1 N. Y. Cr. 437.

§ 1300. Appropriating lost property.

A person, who finds lost property under circumstances which give him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who is not entitled thereto, without having first made every reasonable effort to find the owner and restore the property to him, is guilty of larceny.

Derivation: Penal Code, § 539.

Com. v. Titus, 116 Mass. 42, 17 Am. Rep. 138, 140, note; People v. Katz, 3 Park, 129; People v. Swan, 1 Park, 9; People v. Cogdell, 1 Hill, 94; Bailey v. State, 52 Ind. 462, 21 Am. Rep. 182, 187; People v. Anderson, 14 Johns. 294.

§ 1301. Bringing stolen goods into state, larceny.

A person, who having, at any place without the state, stolen the property of another, or received such property, knowing it to have been stolen, brings the same into this state, may be convicted and punished in the same manner as if such larceny or receiving had been committed within the state. Complaint may be made and the indictment found and tried, and the offense may be charged to have been committed, in any county into or through which the stolen property is brought.

Derivation: Penal Code, § 540.

Haskins v. People (1857), 16 N. Y. 344; People v. Gardner, 2 Johns. 477;

People v. Burke, 11 Wend. 129; Stanley v. State, 24 Ohio St. 166, 15 Am. Rep. 604; State v. Newman, 9 Nev. 48, 16 Am. Rep. 3; People v. Williams, 24 Mich. 156, 9 Am. Rep. 119.

§ 1302. Conversion of property held in trust or by virtue of office, larceny; how punished.

A person acting as executor, administrator, committee, guardian, receiver, collector or trustee of any description, appointed by a deed, will, or other instrument, or by an order or judgment of a court or officer, who secretes, withholds, or otherwise appropriates to his own use, or that of any person other than the true owner, or person entitled thereto, any money, goods, thing in action, security, evidence of debt or of property, or other valuable thing, or any proceeds thereof, in his possession or custody by virtue of his office, employment, or appointment, is guilty of grand or petit larceny in such degree as is herein prescribed, with reference to the amount of such property; and upon conviction, in addition to the punishment in this article prescribed for such larceny, may be adjudged to pay a fine, not exceeding the value of the property so misappropriated or stolen, with interest thereon from the time of the misappropriation, withholding, or concealment, and twenty per centum thereupon, in addition, and to be imprisoned for not more than five years in addition to the term of his sentence for larceny, according to this article, unless the fine is sooner paid.

So much of the fine authorized in this section to be imposed, as does not exceed the amount or value of the property taken, appropriated, or stolen, with interest thereupon from the time of the commission of the offense, and a reasonable sum to defray the expense of collecting the same, to be fixed by the supreme court, must, when received or collected, be paid to the county treasurer of the county where the conviction was had, for the benefit of the person injured or defrauded, or whose property the offender took, misappropriated, or concealed, or his representative or assignee; and must be paid over to him by the county treasurer, upon the order of the supreme court, made after notice. to the district attorney of the county.

In case of the payment of the value of the property stolen or taken, with interest, by the person convicted, or of the collection of the same by civil action, the court may, in its discretion, upon the application by such person, and such notice to other persons