Legal Opinion

People v. Bastien

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 1992PublishedCited by 13 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered June 13, 1990, convicting him of unauthorized use of a vehicle in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the Trial Judge failed to instruct the jury adequately that a person who operates a motor vehicle without the consent of the owner is presumed to know that he does not have such consent (see, Penal Law § 165.05 [1]). We disagree. The court’s instructions closely followed the New York Criminal Jury Instructions…

2Cases cited9 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. People v. SaundersNew York Court of Appeals · 1984
  3. People v. SimmonsNew York Court of Appeals · 1973
  4. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. AustinAppellate Division of the Supreme Court of the State of New York · 1990

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. PerdomoAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. DrummondAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. RamirezAppellate Division of the Supreme Court of the State of New York · 1996

8 more not listed; retrieve them via the Exa API.

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