Does a party have an independent right to possession of property?
"New York", United States of America
The following excerpt is from People v. Matthew P., 2015 N.Y. Slip Op. 08454, 23 N.Y.S.3d 74, 26 N.Y.3d 332, 44 N.E.3d 149 (N.Y. 2015):
[citations omitted] ). Thus, as we have repeatedly explained, the definition of ownership does not require that the owner have an independent right of possession but only that he [or she has] a possessory right which, however limited or contingent, [is] superior to that of defendant (id. at 225226, 689 N.Y.S.2d 419, 711 N.E.2d 633, quoting People v. Hutchinson, 56 N.Y.2d 868, 869, 453 N.Y.S.2d 394, 438 N.E.2d 1109 [1982] ).
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