PEOPLE v. BARDEN

2448/10, 11428.

117 A.D.3d 216 (2014)

983 N.Y.S.2d 534

2014 NY Slip Op 2527

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT BARDEN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 10, 2014.


Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Richard M. Greenberg of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David E.A. Crowley and Alice Wiseman of counsel), for respondent.

SWEENY, J.P. SAXE, MOSKOWITZ and CLARK, JJ., concur.


OPINION OF THE COURT

Acosta, J.

This appeal raises questions about the elements of identity theft and whether intangible property can be criminally possessed, where a defendant used his associate's credit card number to pay for hotel expenses without authorization. Specifically, we are called upon to determine, first, whether assumption of identity is a discrete element of identity theft or whether it occurs automatically...

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