Stealing another person’s credit card number is not, by itself, identity theft, a unanimous state appeals panel has ruled, though the number does count as stolen property.
The Appellate Division, First Department, ruling Thursday in People v. Barden, 2448/10, means that a man convicted of identity theft in 2011 and sentenced to 2 1/3 to 7 years will be released from state custody. The man, Scott Barden, has already completed shorter concurrent sentences for lesser convictions.
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