In re David P.

*209OPINION OF THE COURT

Harvey M. Sklaver, J.

The respondent was arrested and charged with various offenses relating to his allegedly having stolen a car. Count two of the petition charges him with unauthorized use of a vehicle in the second degree (Penal Law § 165.06) and alleges that "The Respondent * * * having previously been found to have violated P.L. section 165.05, unauthorized use of a vehicle in the third degree, took, operated * * * and otherwise used an automobile * * * knowing he did not have the owners [sic] consent.” An element of that crime is that the person charged "has been…