Under our law, a person is guilty of Criminal Possession of. S 165.00 Misapplication of property. 1.WHEREFORE, Petitioner respectfully requests that the Court issue its order to return the property described above. Blankenhorn claims the arresting officers used excessive force in violation of his Fourth Amendment rights. Speak to a knowledgeable and experienced stolen property lawyer immediately to fight CPSP charges. You have "constructive" possession of something when you don't have immediate access to it – but you have control of it, or the right to control it. (3) That the defendant wrongfully withholds the property from the plaintiff to the damage of the plaintiff for such sum as is therein claimed. Falsely Alters in a Possession of a Forged Instrument Case. Blankenhorn claims that his arrest violated his Fourth Amendment rights. See Penal Law § 155.00(1), for the full definition of "property.