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FROM THE DEFENSE DESK / NEW YORK PENAL LAW
5 AUG 2026 · UPDATED 20 AUG 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: NEW YORK PENAL LAW
DOCKET NO. 266 · THE DEFENSE DESK

NY Penal Law § 158.50: Criminal Possession of Public Benefit Cards in the First Degree.

Criminal Possession of Public Benefit Cards in the First Degree Understanding the Crime If you have in your possession public benefit cards that are in another person's name or in the names of...

Todd A. Spodek
Todd A. Spodek
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Understanding the Crime

If you have in your possession public benefit cards that are in another person's name or in the names of several other people, you may have committed the crime of criminal possession of public benefit cards. There are 3 statutes in the New York criminal code that cover this offense. The particular charge that you could be looking at will be decided according to the number of cards that you illegally have in your possession. Criminal possession of public benefit cards in the first degree is the most egregious criminal possession of public benefit cards charge, and it carries the most severe penalty.

Elements of the Crime

You could be prosecuted under New York Penal Law section 158.50 for criminal possession of public benefit cards in the first degree if, with intentions of defrauding, deceiving or injuring another individual, you knowingly retain 25 or more public benefit cards in the name (or names) of someone other than you.

Definition of "Public Benefit Card"

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