Share

Nassau County Possession of Stolen Property Lawyer

Read More

S 165.40 Criminal possession of stolen property in the fifth degree.

  A person is guilty of criminal possession of stolen property in the
fifth degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner thereof.
  Criminal possession of stolen property in the fifth degree
  is a class A misdemeanor.

S 165.45 Criminal possession of stolen property in the fourth degree.

  A person is guilty of criminal possession of stolen property in the
fourth degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when:
  1. The value of the property exceeds one thousand dollars; or
  2. The property consists of a credit card, debit card or public
benefit card; or
  3. He is a collateral loan broker or is in the business of buying,
selling or otherwise dealing in property; or
  4. The property consists of one or more firearms, rifles and shotguns,
as such terms are defined in section 265.00 of this chapter; or
  5. The value of the property exceeds one hundred dollars and the
property consists of a motor vehicle, as defined in section one hundred
twenty-five of the vehicle and traffic law, other than a motorcycle, as
defined in section one hundred twenty-three of such law; or
  6. The property consists of a scroll, religious vestment, vessel or
other item of property having a value of at least one hundred dollars
kept for or used in connection with religious worship in any building or
structure used as a place of religious worship by a religious
corporation, as incorporated under the religious corporations law or the
education law.
  7. The property consists of anhydrous ammonia or liquified ammonia gas
and the actor intends to use, or knows another person  intends  to  use,
such   anhydrous   ammonia  or  liquified  ammonia  gas  to  manufacture
methamphetamine.
  Criminal possession of stolen property in the fourth degree
  is a class E felony.

S 165.50 Criminal possession of stolen property in the third degree.

  A person is guilty of criminal possession of stolen property in the
third degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner thereof, and when the value of the property exceeds
three thousand dollars.
  Criminal possession of stolen property in the third degree
  is a class D felony.

S 165.52 Criminal possession of stolen property in the second degree.

  A person is guilty of criminal possession of stolen property in the
second degree when he knowingly possesses stolen property, with intent
to benefit himself or a person other than an owner thereof or to impede
the recovery by an owner thereof, and when the value of the property
exceeds fifty thousand dollars.
  Criminal possession of stolen property in the second degree
  is a class C felony.

S 165.54 Criminal possession of stolen property in the first degree.

  A person is guilty of criminal possession of stolen property in the
first degree when he knowingly possesses stolen property, with intent to
benefit himself or a person other than an owner thereof or to impede the
recovery by an owner, and when the value of the property exceeds one
million dollars.
  Criminal possession of stolen property in the first degree
  is a class B felony.

S 165.55 Criminal possession of stolen property; presumptions.

  1. A person who knowingly possesses stolen property is presumed to
possess it with intent to benefit himself or a person other than an
owner thereof or to impede the recovery by an owner thereof.
  2. A collateral loan broker or a person in the business of buying,
selling or otherwise dealing in property who possesses stolen property
is presumed to know that such property was stolen if he obtained it
without having ascertained by reasonable inquiry that the person from
whom he obtained it had a legal right to possess it.
  3. A person who possesses two or more stolen credit cards, debit cards
or public benefit cards is presumed to know that such credit cards,
debit cards or public benefit cards were stolen.
  4. A person who possesses three or more tickets or equivalent
instrument for air transportation service, which tickets or instruments
were stolen by reason of having been obtained from the issuer or agent
thereof by the use of one or more stolen or forged credit cards, is
presumed to know that such tickets or instruments were stolen.

S 165.60 Criminal possession of stolen property; no defense.

  In any prosecution for criminal possession of stolen property, it is
no defense that:
  1. The person who stole the property has not been convicted,
apprehended or identified; or
  2. The defendant stole or participated in the larceny of the property;
or
  3. The larceny of the property did not occur in this state.

S 165.65 Criminal possession of stolen property; corroboration.

  1. A person charged with criminal possession of stolen property who
participated in the larceny thereof may not be convicted of criminal
possession of such stolen property solely upon the testimony of an
accomplice in the larceny unsupported by corroborative evidence tending
to connect the defendant with such criminal possession.
  2. Unless inconsistent with the provisions of subdivision one of this
section, a person charged with criminal possession of stolen property
may be convicted thereof solely upon the testimony of one from whom he
obtained such property or solely upon the testimony of one to whom he
disposed of such property.


Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



© 2017 Michael A. Arbeit, P.C. | Disclaimer
23 S. Main Street, Suite 30, Freeport, NY 11520
| Phone: 516-766-1878

Criminal Defense Overview | Misdemeanor Criminal Defense | Felony Criminal Defense | DWI/DWAI Defense | Arraignments | Criminal Desk Appearance Ticket (DAT) | Arrest Warrant/Bench Warrant | Juvenile Offenders | Traffic Tickets | Vehicle Seizure Law | Youthful Offenders | Possession of Knives- NYC Administrative Code | Aggravated Family Offense | Superintendent's Suspension Hearings (New York Education Law Section 3214) | | | | Attorney Profile

Law Firm Website Design by
Amicus Creative