NYSentencing

§ 165.00  Misapplication of property.
  1.   A  person is guilty of misapplication of property when, knowingly
possessing personal property of another pursuant to  an  agreement  that
the same will be returned to the owner at a future time,
  (a)  he  loans,  leases,  pledges,  pawns  or otherwise encumbers such
property without the consent of the owner thereof in such manner  as  to
create  a  risk  that  the  owner will not be able to recover it or will
suffer pecuniary loss; or
  (b)  he  intentionally  refuses  to return personal property valued in
excess of one hundred dollars to the owner pursuant to the terms of  the
rental  agreement  provided  that  the  owner  shall have made a written
demand for the  return  of  such  personal  property  in  person  or  by
certified  mail  at  an address indicated in the rental agreement and he
intentionally refuses to return such personal property for a  period  of
thirty  days  after  such  demand has been received or should reasonably
have been received by him. Such written demand shall state: (i) the date
and  time at which the personal property was to have been returned under
the rental agreement; (ii) that  the  owner  does  not  consent  to  the
continued withholding or retaining of such personal property and demands
its return; and (iii) that the continued withholding or retaining of the
property may constitute a class A misdemeanor punishable by a fine of up
to one thousand dollars or by a sentence to a term of imprisonment for a
period of up to one year or by both such fine and imprisonment.
  (c)  as  used  in paragraph (b) of this subdivision and in subdivision
three of this section, the terms owner, personal  property,  and  rental
agreement  shall  be  defined  as  in  subdivision  one of section three
hundred ninety-nine-w of the general business law.
  2.   In any prosecution under paragraph (a) of subdivision one of this
section, it  is  a  defense  that,  at  the  time  the  prosecution  was
commenced,  (a)  the defendant had recovered possession of the property,
unencumbered as a result of the unlawful disposition, and (b) the  owner
had  suffered  no  material  economic  loss  as a result of the unlawful
disposition.
  3.  In  any prosecution under paragraph (b) of subdivision one of this
section, it is a defense that at the time the prosecution was commenced,
(a)  the  owner  had  recovered  possession of the personal property and
suffered  no  material  economic  loss  as  a  result  of  the  unlawful
retention;  or  (b)  the  defendant  is  unable  to return such personal
property because it has been accidentally destroyed or  stolen;  or  (c)
the  owner failed to comply with the provisions of section three hundred
ninety-nine-w of the general business law.
  Misapplication of property is a class A misdemeanor.
with Argument