People v. Roby

Memorandum. The order of the Appellate Term should be affirmed.

In People v McCaleb (25 NY2d 394) we held that the statute proscribing unauthorized use of a vehicle (Penal Law, § 165.05, *71subd 1) makes criminal the unauthorized occupation of another person’s vehicle, without his consent, irrespective of whether or not the vehicle is in motion.* In the two companion cases considered there, we affirmed the convictions of two defendants, each of whom was found in a parked car which had been reported stolen; and when apprehended, one defendant was found seated in the rear of an automobile but with…