New York Court of Appeals, 1966

In re Diane S.

In re Diane S.
New York Court of Appeals · Decided December 30, 1966 · Bergan, Burke, Desmond, Fuld, Keating, Scileppi, Upon, Voorhis, Vote
18 N.Y.2d 973; 278 N.Y.S.2d 211; 224 N.E.2d 719; 1966 N.Y. LEXIS 904

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.

Concur: Judges Fuld, Vast Voorhis, Bergan and Keating. Chief Judge Desmond and Judges Burke and Scileppi dissent and vote to affirm upon the memorandum at the Appellate Division.

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