People v. Babarcich, 8 N.Y.3d 327 (2007)

A ‘dummy’ credit card issued by a company to a police department for use in a sting operation constitutes a ‘credit card’ within the meaning of New York’s grand larceny statute, even though it is used under a fictitious name and solely for law enforcement purposes.

Summary

Babarcich was arrested for stealing a decoy pocketbook containing a ‘dummy’ credit card from an undercover officer. The card, provided by American Express to the NYPD, had a $100 limit under a fictitious name for sting operations. The New York Court of Appeals addressed whether this card constituted a ‘credit card’ under Penal Law § 155.00 (7) and General Business Law § 511, which would elevate the theft to grand larceny. The Court held that it did, emphasizing the card’s capability to purchase goods on American Express’s credit, regardless of its intended use or fictitious name. The Court emphasized the plain meaning of the statute and legislative intent.

Facts

Defendant Babarcich stole a decoy pocketbook from an undercover police officer.
The pocketbook contained a ‘dummy’ credit card provided by American Express to the NYPD.
The card had a $100 credit limit under a fictitious name.
The card was intended for use in undercover sting operations.
American Express would be liable to vendors for purchases made with the card, even under the fictitious name, up to the $100 limit. American Express considered they would