N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Theft / ARTICLE Other Offenses Relating to Theft
New York Consolidated Laws

N.Y. Penal Law § 165.40 (2026)

Criminal possession of stolen property in the fifth degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 301 cases (35 in the last 5 years), 1977–2026 · leading case: Fiedler v. Incandela, 222 F. Supp. 3d 141 (E.D.N.Y 2016).
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Fiedler v. Incandela, 222 F. Supp. 3d 141 (E.D.N.Y 2016). · cites it 3× “Factual Background This action arises out of Plaintiffs December 20, 2011 arrest and subsequent criminal prosecution for criminal possession of stolen property in the fifth degree in violation of N.Y. Penal Law § 165.40 . 1 See Compl., DE [1], ¶¶1-5.”
New York v. Burger, 482 U.S. 691 (1987). · cites it 2× “" N. Y. Penal Law § 165.40 (McKinney 1975).”
People v. Jensen, 654 N.E.2d 1237 (NY 1995). · cites it 2× “25), criminal possession of stolen property (Penal Law § 165.40), resisting arrest (Penal Law § 205.”
Michael Krause v. R.O. Bennett, Jr., 887 F.2d 362 (2d Cir. 1989). · cites it 2× “The elements of this crime are that a person “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.”
Jean Patrick Michel v. Immigr. & Naturalization Serv., 206 F.3d 253 (2d Cir. 2000). · cites it 2× “N.Y. Penal Law § 165.40 (McKinney 1999). The IJ found that Michel’s two convictions under this statute constituted “crimes involving moral turpitude” that did not arise “out of a single scheme of criminal misconduct.”
People v. Porter, 2020 NY Slip Op 3570 (N.Y. App. Div. 2020). “With respect to criminal possession of stolen property in the fifth degree, the People are required to prove that the defendant "knowingly possesse[d] stolen property, with intent to benefit himself [or herself] or a person other than an owner thereof or to impede the recovery…”
State of New York v. Rashid, 942 N.E.2d 225 (NY 2010). · cites it 2× “25) and criminal possession of stolen property in the fifth degree (Penal Law § 165.40) on May 6, 2008. Upon pleading guilty to petit larceny, Rashid received a definite sentence, which he served at Rikers Island, a local correctional facility.”
People v. Johnson, 148 Misc. 2d 103 (N.Y. City Crim. Ct. 1990). · cites it 3× “05) should be dismissed for facial insufficiency on the ground that the information fails to aver in nonhearsay terms the element that the computer at issue had a device or coding system designed to prevent unauthorized use; and (2) whether a second count, charging criminal…”
Gem Fin. Serv., Inc. v. City of N.Y., 298 F. Supp. 3d 464 (E.D.N.Y 2018). “See N.Y. Penal Law § 165.40 ("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.”
People v. Jackson, 172 Misc. 2d 587 (N.Y. Sup. Ct. 1997). “25) and criminal possession of stolen property in the fifth degree (Penal Law § 165.40). Additionally, codefendant Taylor was separately charged with felony auto stripping in the first degree (Penal Law former § 165.”
People v. Bright, 520 N.E.2d 1355 (NY 1988). “45 [2]), and one count of criminal possession of stolen property in the third degree (Penal Law § 165.40). On his pretrial motion to suppress the physical *380 evidence, Bright argued that he was arrested without probable cause, and that his arrest was illegal, since the…”
People v. Caston, 60 A.D.3d 1147 (N.Y. App. Div. 2009). “dressed in black clothing and hiding just outside the apartment within arm’s reach of a safe that had not been there at 8:00 p.m. When questioned, defendant *1150 explained his presence on the property by saying that he was listening to music.”
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