Andrew Zimba Perdock, 25, of Liberty Street, Batavia, is charged with grand larceny, 4th. Perdock allegedly made an unauthorized charge of $32.40 to a woman's debit card.
Brandt Lonnie Arnold, 32, of Clinton Street, Cowlesville, was arrested on a felony DWI warrant. Following arraignment in Genesee County Court, Arnold was held without bail.
Patricia Lynn Capen, 45, of East Shelby Road, Medina, is charged with DWI, driving with a BAC of .18 or greater, DWAI (drugs and alcohol), driving left of pavement marking and aggravated unlicensed operation, 3rd. Capen was arrested following a report at 9:34 p.m., Wednesday, of an erratic driver on Route 63, Oakfield. Capen was stopped by Deputy Frank Bordonaro.
How can the charge be grand
How can the charge be grand larceny for $32.40?
Looks more like petit larceny to me, unless there is more to the story.
§ 155.30 Grand Larceny in the
§ 155.30 Grand Larceny in the fourth degree.
A person is guilty of grand larceny in the fourth degree when he
steals property and when:
1. The value of the property exceeds one thousand dollars; or
2. The property consists of a public record, writing or instrument
kept, filed or deposited according to law with or in the keeping of any
public office or public servant; or
3. The property consists of secret scientific material; or
4. The property consists of a credit card or debit card; or
5. The property, regardless of its nature and value, is taken from the
person of another; or
6. The property, regardless of its nature and value, is obtained by
extortion; or
Key word in that statute is the word OR. Because he used someone else's debit card to obtain the funds, it's grand larceny 4th.