People v. Hernandez

OPINION OF THE COURT

David B. Saxe, J.

When does a parked automobile containing license plates become an abandoned vehicle (under Vehicle and Traffic Law, § 1224) for the purposes of supporting a prosecution for “auto stripping” under section 1224 of the Vehicle and Traffic Law?

The essential facts are these: On May 18, 1982 at 4:55 p.m., Francisco Hernandez, screwdriver in hand, was observed at the intersection of 236th Street and Bullard Avenue in The Bronx, peering intently into the opened hood of a parked automobile. The police officer who observed him stated that Mr. Hernandez appeared to…