In re Diane S.
New York Court of Appeals
In re Diane S., 18 N.Y.2d 973 (N.Y. 1966)
278 N.Y.S.2d 211; 224 N.E.2d 719; 1966 N.Y. LEXIS 904
Bergan, Burke, Desmond, Fuld, Keating, Scileppi, Upon, Voorhis, Vote
In re Diane S.
Opinion of the Court
Order of Appellate Division, treated as a resettled order of affirmance including a grant of leave to appeal, reversed and petition dismissed. Question certified answered in the negative. Section 1293-a of the Penal Law, which provides that a person ‘ ‘ who, under circumstances not constituting larceny * * * shall, without the consent of the owner take, use or operate * * * an automobile ’ ’, is to be strictly construed. The statute does not apply to one who accepts a ride in an automobile, even knowing it to have been taken without the owner’s consent, unless he was implicated or involved in the actual taking of the vehicle.
Reference
- Full Case Name
- In the Matter of Diane S.
- Cited By
- 4 cases
- Status
- Published