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New York Consolidated Laws

N.Y. Penal Law § 165.55 (2026)

Criminal possession of stolen property; presumptions

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 44 cases (5 in the last 5 years), 1985–2025 · leading case: People v. Lewis, 125 A.D.2d 918 (N.Y. App. Div. 1986).
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People v. Lewis, 125 A.D.2d 918 (N.Y. App. Div. 1986). · cites it 2× “Consequently, we need comment only on defendant’s argument that County Court allegedly failed to instruct the jury regarding the presumption found in Penal Law § 165.55 (l) — that one "who knowingly possesses stolen property is presumed to possess it with intent to benefit…”
People v. Hall, 57 A.D.3d 1222 (N.Y. App. Div. 2008). “A presumption that the defendant knew the card was stolen arises when such defendant is in possession of more than one stolen credit/debit card (see Penal Law § 165.55 [3]). Here, there was evidence that defendant was in possession of Frye’s credit/ debit card on the night that…”
Walker v. State, 896 So. 2d 712 (Fla. 2005). “[2] Six states have nearly identical theft or organized crime statutes. See Ala.Code § 13A-8-16 (2003); Ariz.”
People v. Green, 2021 NY Slip Op 02841 (N.Y. App. Div. 2021). “" "A person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself or a person other than [the] owner" and "[a] person who possesses two or more stolen credit cards [or] debit cards .”
People v. Mitchell, 571 N.E.2d 701 (NY 1991). “Defendant also contends that the statutory presumption embodied in Penal Law § 165.55 (3), which presumption imposes knowledge of theft on a person who possesses two or more stolen credit cards, leads also to the conclusion that knowledge of the credit card character of the…”
People v. Landfair, 191 A.D.2d 825 (N.Y. App. Div. 1993). “* Moreover, a person who deals in property and possesses stolen property is presumed to know that such property was stolen if it was obtained without making a reasonable inquiry that the person from whom the property was obtained had a legal right to possess it (see, Penal Law §…”
People v. Giles, 47 A.D.3d 88 (N.Y. App. Div. 2007). · cites it 2× “Contrary to the dissent’s view, the fact that the People could establish mens rea without the disputed evidence by virtue of the statutory presumption of knowledge from possession of two or more stolen credit cards (Penal Law § 165.55 [3]) is immaterial. The People could present…”
People v. Lloyd, 118 A.D.3d 1117 (N.Y. App. Div. 2014). “were stolen” (Penal Law § 165.55 [3]; see People v Mitchell, 77 NY2d 624, 628 [1991]; People v Hall, 57 AD3d at 1226; People v White, 251 AD2d 157, 157 [1998], lv denied 92 NY2d 908 [1998]).”
People v. Davis, 163 A.D.2d 826 (N.Y. App. Div. 1990). “Moreover, the presumption of recent and exclusive possession (Penal Law § 165.55 [1]) is not applicable here because the gun had been stolen 3Vi years before defendant was charged with possessing it.”
People v. Powers, 262 A.D.2d 713 (N.Y. App. Div. 1999). “Penal Law § 165.55 (1) further provides that, “[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.”
People v. Tucker, 165 A.D.2d 900 (N.Y. App. Div. 1990). “Also contrary to defendant’s contention, County Court’s charge to the jury properly advised that the presumption provided for in Penal Law § 165.55 (1) is rebuttable. We also reject defendant’s pro se contention that he was entitled to a missing witness charge.”
People v. Molina, 145 Misc. 2d 612 (N.Y. City Crim. Ct. 1989). “Penal Law § 165.55 (3) states that *616 "[a] person who possesses two or more stolen credit cards or debit cards is presumed to know that such credit cards or debit cards were stolen.”
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