Legal Opinion
Matter of Raquel M.
New York Court of Appeals
Decided November 21, 2002PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue here is whether Family Court appropriately applied the statutory presumption that a person who “rides in or otherwise uses a vehicle * * * without the consent of the owner is presumed to know that he does not have such consent” (Penal Law § 165.05 [1]). We conclude that the presumption was correctly applied, and we affirm the order of the Appellate Division.
Appellant, 14 years old, was charged with committing an act, which, if committed by an adult, would constitute the crime of unauthorized use of a vehicle in the third degree. At a fact-finding hearing…
2Cases cited6 opinions
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Barnes v. United StatesSupreme Court of the United States · 1973
- People v. LeyvaNew York Court of Appeals · 1975
- People v. McCalebNew York Court of Appeals · 1969
- People v. McKenzieNew York Court of Appeals · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. GalindoNew York Court of Appeals · 2014
- In re Shaquana S.Appellate Division of the Supreme Court of the State of New York · 2004
- People v. Caden N.Appellate Division of the Supreme Court of the State of New York · 2020
- People v. SticklerAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CioffiAppellate Division of the Supreme Court of the State of New York · 2013
10 more not listed; retrieve them via the Exa API.