People v. McCaleb

The People appeal in two cases involving the class A misdemeanor of unauthorized use of a vehicle (Penal Law, § 165.05, subd. 1).

The issues are: whether the statute makes criminal the occupation, without any locomotive use, of another’s motor vehicle without his consent; and whether the statutory presumption of knowledge of the owner’s nonconsent is constitutionally valid.

Defendant Gary Gibbs1 was convicted after trial before a three-Judge Bench of the Criminal Court of the City of New York and sentenced to an indefinite reformatory term. The Appellate Term reversed the conviction “ on the…