New York Consolidated Laws

N.Y. Penal Law § 165.52 (2026)

Criminal possession of stolen property in the second degree

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 17 cases (5 in the last 5 years), 1991–2024 · leading case: Crispino v. Allard, 378 F. Supp. 2d 393 (S.D.N.Y. 2005).

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Crispino v. Allard, 378 F. Supp. 2d 393 (S.D.N.Y. 2005). “By the second judgment, Crispino was convicted upon his plea of guilty of the following charges contained in New York County Indictment Number 4090/99: one count of criminal possession of stolen property in the second degree (N.Y. Penal law § 165.52), two counts of grand larceny…”

People v. W. Express Int'l, Inc., 85 A.D.3d 1 (N.Y. App. Div. 2011). “25); and criminal possession of stolen property in the second and fourth degrees (Penal Law §§ 165.52, 165.45 [2]).”

People v. Axentiou, 158 Misc. 2d 19 (N.Y. Sup. Ct. 1993). “40 [1]) and criminal possession of stolen property in the second degree (Penal Law § 165.52), in that he stole in excess of $50,000 from the Greater New York Insurance Company (GNY), a commercial insurer whose principal offices are in Manhattan.”

People v. Ace, 51 A.D.3d 1379 (N.Y. App. Div. 2008). “40 [1]) and criminal possession of stolen property in the second degree (Penal Law § 165.52). Defendant failed to preserve for our review his contention that County Court erred in failing to charge the jury that his claim of right was a defense to the count of grand larceny (see…”

In re Lee, 25 A.D.3d 51 (N.Y. App. Div. 2005). “65 (1) (b), criminal possession of stolen property in the second degree in violation of Penal Law § 165.52, grand larceny in the second degree in violation of Penal Law § 155.”

People v. Lisyansky, 302 A.D.2d 278 (N.Y. App. Div. 2003). “Defendants’ claim that the evidence of value was legally insufficient to meet the $50,000 threshold for second-degree criminal possession of stolen property (Penal Law § 165.52) requires preservation (People v Gray, 86 NY2d 10 ), and we decline to review this unpreserved claim…”

Matter of Makhani v. Kiesel, 2022 NY Slip Op 06556 (N.Y. App. Div. 2022). “54), criminal possession of stolen property in the second degree (Penal Law § 165.52), residential mortgage fraud in the first degree (Penal Law § 187.”

People v. M.M., 2024 NY Slip Op 50776(U) (N.Y. Fam. Ct. 2024). “is charged under FYC-71259-24/001 with one count of Criminal Possession of Stolen Property in the Second Degree, [*2]in violation of Penal Law § 165.52, and two counts of Criminal Possession of Stolen Property in the Fifth Degree, in violation of Penal Law § 165.”

People v. Acoff, 289 A.D.2d 1085 (N.Y. App. Div. 2001). “45 [now Penal Law § 165.52, added L 1986, ch 515]).”

Weaver v. New York State Off. of Court Admin. (N.D.N.Y. 2023). “) Sixth, and finally, Plaintiff argues, non-parties Ricky and Kristin Daeira are in criminal possession of stolen property in violation of N.Y. Penal L. § 165.52 . (Id. at 102-07.) 3.”

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