People v. Barden

OPINION OF THE COURT

Acosta, J.

This appeal raises questions about the elements of identity theft and whether intangible property can be criminally pos*220sessed, 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 when a person uses another’s personal identifying information, and second, whether criminal possession of stolen property includes intangible property, namely a credit card…