Legal Opinion

People v. Murray

Criminal Court of the City of New York

Decided May 5, 1989PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Harold B. Beeler, J.

Defendant herein, charged by information with unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [1]), moves, inter alia, to dismiss the accusatory instrument pursuant to CPL 170.30 (1) (a); 170.35 (1) (a); and 100.40 (1) (c) on the ground that the factual allegations in the information do not establish every element of the offense charged.

Pursuant to subdivision (1) of Penal Law § 165.05, a person is guilty of unauthorized use of a vehicle in the third degree *510when, "[k]nowing that he does not have the consent of the owner, he takes,…

2Cases cited4 opinions

  1. People v. AlejandroNew York Court of Appeals · 1987
  2. People v. McCalebNew York Court of Appeals · 1969
  3. People v. RobyNew York Court of Appeals · 1976
  4. People v. ButlerNew York Supreme Court · 1983

3Cited by5 opinions

  1. Anderson v. J.D.North Dakota Supreme Court · 1992
  2. People v. VelezCriminal Court of the City of New York · 1990
  3. State v. HoagCourt of Appeals of Arizona · 1990
  4. In Interest of JDNorth Dakota Supreme Court · 1992
  5. Jeanty v. The City of New YorkDistrict Court, E.D. New York · 2024

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