People v. Franov

At issue is whether defendant’s conviction for unauthorized use of a vehicle in the second degree (Penal Law §§ 165.06, 165.05 [1]) was supported by legally sufficient evidence, where defendant did not demonstrate the ability to operate the vehicle or the means to do so.1 Stated differently, the question is whether the evidence adduced at trial was sufficient to establish that defendant “exercised control over” or “otherwise used” the vehicle within the meaning of the unauthorized use of a vehicle in the second degree statute. Relying *67primarily on this Court’s decisions in People v McCaleb…