What is the test for a claim for possession of property against a defendant who owns the property in question?
"New York", United States of America
The following excerpt is from People v. Woodward, 36 N.Y.S.3d 49 (Table) (N.Y. Crim. Ct. 2016):
The People must allege that Complainant (1) owned the property in question, (2) that there was a taking of said property, (3) that the taking was without the owner's consent, (4) that the taking was committed by the defendant and (5) that defendant acted with the intent to deprive the owner of the property or to appropriate the property to the defendant or another person (See People v. Shurn, 69 A.D.2d 64 [2d Dept 1979] ).
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