CJI2d[NY] Penal Law §§ 165.45(1), 165.50, 165.52, 165.54

The (specify) count is Criminal Possession of Stolen Property in the Fourth [Third] [Second] [First] Degree.

Under our law, a person is guilty of Criminal Possession of Stolen Property in the Fourth [Third] [Second] [First] Degree when that person knowingly possesses stolen property, with intent to benefit himself or herself 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

[NOTE: Select appropriate alternative: one thousand dollars ($1,000).

or three thousand dollars ($3,000).

or fifty thousand dollars ($50,000).

or one million dollars ($1,000,000).

The following terms used in that definition have a special meaning:

A person KNOWINGLY possesses stolen property when that person is aware that he or she is in possession of property and is aware that such property is stolen.¹

[NOTE: If the property consists of three or more airline tickets or two or more credit, debit or public benefit cards, or if the defendant is a collateral loan broker or dealer in property, add the appropriate presumption(s) from the "Additional Charges" section of this Article.]

POSSESS means to have physical possession or otherwise to exercise dominion and control over tangible property.²

PROPERTY means any money, personal property or thing of value.³

STOLEN PROPERTY is property that has been wrongfully taken, obtained, or withheld from an owner by a person who did so with the intent to deprive another of such property or to appropriate such property to himself or herself or a third person.⁴

INTENT means conscious objective or purpose.⁵ Thus, a person acts with intent to benefit himself or herself or a person other than an owner of property or to impede the recovery of property by an owner when that person's conscious objective or purpose is to do so.

Under our law, a person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself or herself or a person other than an owner thereof or to impede its recovery by an owner thereof. This means that, if the People have proven beyond a reasonable doubt that the defendant knowingly possessed stolen property, you may, but you are not required to, infer from that fact that the defendant possessed it with the intent to benefit himself/herself or a person other than an owner thereof or to impede its recovery by an owner thereof. Whether or not to draw that inference is for you to decide and will depend entirely on your evaluation of the evidence.⁶

An OWNER means a person having a right to possession of the property superior to that of the person who possesses it.⁷

VALUE means the market value of the property at the time and place the defendant is alleged to have possessed it [or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time thereafter].⁸

[NOTE: Add if appropriate:

It is not a defense to this charge:

(Select appropriate alternative[s]:

that the person who stole the property has not been

convicted, apprehended, or identified.⁹

and/or

that the defendant stole or participated in the theft of

the property.¹⁰

and/or

that the theft of the property did not occur within this

state.)]¹¹

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following three elements:

1. That on or about (date) , in the county of (county) , the defendant, (defendant's name) , knowingly possessed stolen property;

2. That the defendant did so with the intent to benefit himself/herself or a person other than an owner of such property or to impede the recovery of such property by an owner; and

3. That the value of such stolen property exceeded

[Select appropriate alternative: one thousand dollars ($1,000).

three thousand dollars ($3,000). fifty thousand dollars ($50,000). one million dollars ($1,000,000).]

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.