Who possessed it
Possession does not always mean the item was in your hand. New York recognizes constructive possession, which can apply when someone had control over the place where property was found, such as a car, a room, or a storage unit. When several people had access to the same space, whether any particular person controlled the property is often a genuine dispute. Being a passenger in a car or a guest in an apartment is not the same as possessing what is inside. Whose belongings were nearby, who held the keys, and what each person said at the scene tend to matter.
Value and the degree charged
The degree depends heavily on the value assigned to the property, and some categories carry a higher degree regardless of value. Value is generally measured by market value at the time, not by the original retail price or the cost of something new. That distinction can matter a great deal with used electronics, tools, jewelry, and designer goods, where the figure in a complaint is sometimes simply the highest one available. Receipts, comparable listings, and appraisals are often useful in testing the number. A lower supported value can change the degree, and with it the stakes of the case.
Businesses, resellers, and first steps
Pawn shops, secondhand stores, and online resellers face these charges differently from individual buyers, because they are expected to keep acquisition records and identify sellers. If you run such a business, gather your purchase records, seller identification, and any communications with police about the items. If you are an individual, keep the purchase history and any proof of how the item came into your hands. Do not discuss the case with co-defendants or with the person you got the property from. From the start we look at possession, value, and the knowledge evidence together, since weakness in any one of them can change how the case is charged or resolved.
