The Second Circuit has certified to the New York State Court of Appeals the question of whether an intent to “appropriate” property under New York Penal Law § 155.00(4)(b) requires an intent to deprive the owner of his or her property either permanently or under circumstances where the owner’s property rights are substantially eroded. The Court determined that an answer from the state high court was necessary to determine if New York convictions for petit larceny constitute crimes involving moral turpitude.
The full text of Ferreiras Veloz v. Garland can be found here: