In re Raquel M.

Andrias, J.P.

(dissenting). I would reverse, vacate the fact-finding and dispositional orders, and dismiss the delinquency petition.

Family Court erroneously applied the permissive presumption in Penal Law § 165.05 (1) (a person who rides in a vehicle without the consent of the owner is presumed to know that he or she does not have such consent) and, absent any direct or circumstantial evidence that appellant, a rear seat passenger, knew she was riding in a stolen vehicle, its finding that appellant was guilty of unauthorized use of a vehicle in the third degree is against the weight of the…