New york receiving stolen property

Because possession crimes are continuing offenses, the limitations period commenced when the offense was completed, not when it began see, People v Minott, 41 Misc 3d [Crim Ct, N Y County ] [failure to re-register as gun offender is a continuing offense for statute of limitations purposes]. Here, the defendant completed the crime in when he sold the jewelry and intended to benefit himself, and the statute of limitations began running on the sales dates.

The defense next claims that the defendant cannot be charged with Criminal Possession of Stolen Property in the Fifth Degree in , because he already pled guilty to Criminal Possession of Stolen Property in the Fifth Degree in But, defendant's previous conviction for CPSP does not make him immune from prosecution for CPSP forever; especially for possessing different stolen jewelry at a later time.

Although CPL Here, the dates, pawn shops, and jewelry were all different and therefore they were separate and distinct criminal transactions see, e. The defendant's motion to dismiss on double jeopardy grounds is denied.

The People have conceded that the Petit Larceny counts are facially insufficient, and the defendant's motion to dismiss these counts is granted. The defendant's remaining motions to dismiss the information on statute of limitations and double jeopardy grounds are denied.

Both parties should be prepared to proceed on the scheduled suppression hearings on May 14, People v Lawson Annotate this Case. This opinion is uncorrected and subject to revision before publication in the printed Official Reports. Jeanine Ruggiero David Frey, J.

For the reasons set forth below, the defendant's motions to dismiss the CPSP counts are denied. The crime of Criminal Possession of Stolen Property in the Fifth Degree alleges that a person knowingly possesses stolen property, with intent to benefit himself or herself or a person other than an owner thereof or to impede the recovery by the real owner of the property.

If you are contacted by a law enforcement officer, including a police officer with the New York Police Department NYPD about possessing stolen property, contact an experienced Queens criminal defense lawyer before you make any statement. Call or submit an online form to take advantage of a free, confidential consultation..

Home Criminal Defense Theft Crimes Possession of Stolen Property Criminal Possession of Stolen Property Many people are surprised to learn that they can be arrested for possessing stolen property even though they took no part in the taking of the property.

Queens Attorney for Criminal Possession of Stolen Property If you have been arrested for a felony or misdemeanor offense of criminal possession of stolen property in New York City then contact an experienced criminal defense attorney. Back to Top Defenses to Possession of Stolen Property It is generally not a defense to the charge of possession of stolen property that someone else actual stole the property even if that person has been identified, apprehended, or convicted of taking the property.

Back to Top Presumptions of Intent Under the laws of the State of New York, the standard jury instructions provide that in certain circumstances the jury can be instructed that "a person who knowingly possesses stolen property is presumed to possess it with the intent to benefit himself or herself or a person other than an owner thereof or to impede its recovery by an owner thereof.

Explore This Section. Once they do so, it is extremely difficult to work backwards and reduce the case to a lesser crime. While you may decide that a factual or evidentiary angle is your best defense to your Criminal Possession of Stolen Property in the Third Degree arrest, mitigation may be a route you should consider.

Because of this small window of time given to prosecutors, it is critical to not just identify and implement your defense, but to have your criminal lawyer reach out to prosecutors to slow down the felony process if possible.

Although it is difficult to educate yourself on potential crimes before they occur, it is never too late to learn about the law. A thorough review of this website as well as the white collar section of CrottySaland. Com will reveal ample information on these crimes, statutes and legal decisions. Com is a tremendous resource as well. Vet your case, identify your defenses and put that defense into motion. Protect yourself today and secure your future well beyond tomorrow.

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