People v. Simmons

The appellants, two brothers with no prior criminal record, who at the time of their arrest were aged 16 and 18, have been convicted of unauthorized use of a vehicle in violation of section 165.05 (subd. 1) of the Penal Law. That section states in pertinent part: “ A person is guilty of unauthorized use of a vehicle when * * * knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle.”

Taking the stand on their own behalf during the course of this short and uncomplicated trial, the appellants admitted using the car…