Decided On : 6/14/2016
People v. Scott Barden
AD1 order dated April 10, 2014, modifying judgment of conviction. Decision below: 117 AD3d 216, 983 NYS2d 534. Pigott, J., granted leave September 23, 2014. To be argued April 27, 2016 (reargument).
ISSUES PRESENTED: (1)Whether a defendant may be guilty of fourth-degree criminal possession of stolen property for possessing intangible property, i.e., a credit card number, where the rightful owner retains physical possession of the card. (2) CPL §30.30: When the prosecutor states they are not ready and asks for an adjournment, does defense counsel “consent” to the adjournment by proposing an alternate date. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)