People v. Scott Barden

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.) 

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