People v. Keestanuk

OPINION OF THE COURT

Geoffrey J. O’Connell, J.

The court has considered the following papers: the notice of motion, dated October 9, 1986, and the answering papers, dated October 16, 1986.

The defendant, by her attorney, applies to dismiss the information accusing her of unauthorized use of a motor *457vehicle in the third degree (Penal Law § 165.05 [3]) as not legally sufficient (CPL 170.30 [1] [a]; 170.35 [1] [a]; 100.40) and for discovery (CPL 240.20).

Penal Law § 165.05 (3) provides that a person is guilty of unauthorized use of a motor vehicle in the third degree when:

"Having custody of a…