Robbery -- Second NYPL 160.10 & Third Degree NYPL 160.05

Petit Larceny is Categorically a CIMT

Petit larceny in violation of section 155.25 of the New York Penal Law is categorically a Crime Involving Moral Turpitude. See Matter of Clement OBEYA, 26 I&N Dec. 856 (BIA 2016).

Third Degree Robbery is NOT a Crime of Violence

Third Degree Robbery, unlike the other degrees, does not require by law a minimum time in prison is because unlike the two “sister” offenses, PL 160.05 is not a statutorily defined “violent offense” pursuant to New York Penal Law 70.02.

Statutes

§ 160.10 Robbery in the second degree.

A person is guilty of robbery in the second degree when he forcibly steals property and when:

1. He is aided by another person actually present; or

2. In the course of the commission of the crime or of immediate flight

therefrom, he or another participant in the crime:

(a) Causes physical injury to any person who is not a participant in

the crime; or

(b) Displays what appears to be a pistol, revolver, rifle, shotgun,

machine gun or other firearm; or

3. The property consists of a motor vehicle, as defined in section one

hundred twenty-five of the vehicle and traffic law.

Robbery in the second degree is a class C felony.

§ 160.05 Robbery in the third degree.

A person is guilty of robbery in the third degree when he forcibly steals property.

Robbery in the third degree is a class D felony.