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New York Consolidated Laws

N.Y. Penal Law § 165.45 (2026)

Criminal possession of stolen property in the fourth degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 326 cases (28 in the last 5 years), 1978–2025 · leading case: People v. Buckley, 552 N.E.2d 160 (NY 1990).
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People v. Buckley, 552 N.E.2d 160 (NY 1990). · cites it 5× “*845 Defendant has been convicted, after a jury trial, of criminal possession of stolen property in the second degree (Penal Law § 165.45 [1]). On this appeal he challenges the first count of the indictment which charges that he and the codefendants knowingly possessed stolen…”
New York v. Burger, 482 U.S. 691 (1987). · cites it 2× “" N. Y. Penal Law § 165.45 (McKinney 1975).”
The People v. Marcellus Johnson, 51 N.E.3d 545 (NY 2016). · cites it 2× “30 [4], [5]), and one count of possession of stolen property (Penal Law § 165.45 [2]). The Appellate Division summarily rejected defendant's challenge to the admission of the recordings, finding that the calls were admissible, "notwithstanding that defendant's right to counsel…”
People v. Mitchell, 571 N.E.2d 701 (NY 1991). · cites it 7× “30 [4] [stealing property consisting of a credit card]) and criminal possession of stolen *626 property in the fourth degree (Penal Law § 165.45 [2] [posses-, sion of stolen property consisting of a credit card]).”
People v. Berry, 78 A.D.3d 1226 (N.Y. App. Div. 2010). · cites it 4× “Defendant proceeded to trial on the remaining four counts, all of which charged criminal possession of stolen property in the fourth degree; the first count pursuant to Penal Law § 165.45 (5) (motor vehicle exceeding $100 value) and the other three counts pursuant to Penal Law §…”
People v. Tansey, 156 Misc. 2d 233 (N.Y. Sup. Ct. 1992). · cites it 6× “, a telephone calling card number, constitutes the crime of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [1], [2]); and (2) whether the use of such a telephone calling card number to obtain telephone services is the theft of "property” under…”
The People v. Scott Barden, 55 N.E.3d 1053 (NY 2016). “Defendant also challenges the legal sufficiency of two counts of the indictment, asserting, among other things, that the term “credit card” in Penal Law §§ 165.45 (2) and 165.15 (1) does not include intangible property, such as the numbers associated with a credit card; and that…”
People v. Prescott, 486 N.E.2d 813 (NY 1985). · cites it 2× “In the first prosecution, defendant was charged with criminal possession of stolen property, second degree, pursuant to Penal Law § 165.45, 4 based on a complaint filed by an employee of the Abraham & Straus Department Store.”
Matter of Luis C., 124 A.D.3d 109 (N.Y. App. Div. 2014). · cites it 6× “30 (4) and criminal possession of stolen property in the fourth degree under Penal Law § 165.45 (2). Those sections, as relevant here, relate to the theft or possession of property that “consists of a .”
The People v. Jose Maldonado, 18 N.E.3d 391 (NY 2014). · cites it 2× “30 [8]), and criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [5]). At trial, defendant moved at the close of the People's case and again after defense rested, for dismissal of the depraved indifference murder charge on the ground that the People…”
People v. Szyszkowski, 89 A.D.3d 1501 (N.Y. App. Div. 2011). · cites it 2× “Memorandum: Defendant was convicted following a jury trial of, inter alia, felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [ii]) and criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [1]). Defendant does not…”
People v. Crampe, 957 N.E.2d 255 (NY 2011). “Wingate Defendant Blake Wingate was arrested and subsequently indicted for fourth-degree criminal possession of stolen property (Penal Law § 165.45 [5]) and seventh-degree criminal possession of a controlled substance (Penal Law § 220.”
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