People v. Rivers

— Harvey, J.

On July 1, 1986, Thomas McCann brought his 1977 Ford Thunderbird automobile to Dale’s Discount Repair in the Village of Malone, Franklin County. The car was in need of repair and was thus left on the premises with the expectation that the work would be performed and the car picked up the following day. The car, however, was taken from the lot by defendant, who was in a single-car accident with the vehicle at about 4:30 a.m. on July 2, 1986. Defendant was indicted for the crime of unauthorized use of a vehicle in the second degree, a felony, based on the events of July 1 and 2,…