In re Anonymous

Appellate Division of the Supreme Court of New York

In re Anonymous

26 A.D.2d 673, 272 N.Y.S.2d 399, 1966 N.Y. App. Div. LEXIS 3751

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 5, 1966

StatusPublished

Cited by1 cases

This text of 26 A.D.2d 673 (In re Anonymous) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Anonymous, 26 A.D.2d 673, 272 N.Y.S.2d 399, 1966 N.Y. App. Div. LEXIS 3751 (N.Y. Ct. App. 1966).

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Opinion

In a proceeding pursuant to article 7 of the Family Court Act against an infant under the age of 16 years, the infant appeals, pursuant to permission granted by this court, from an order of the Family Court, Kings County, made November 29, 1965, which, after a fact-finding hearing, determined that the infant did an act which, if done by an adult, would constitute a crime. Order affirmed, without costs. The appellant, with knowledge that an automobile had been stolen, entered the car at the invitation of two boys. The driver was about 15 years of age. The automobile collided with two parked automobiles. In our opinion, a person who enters a stolen ear, with knowledge that it has been stolen, although another person drives the ear, uses the automobile for her own use or purpose within the meaning of section 1293-a of the Penal Law. Therefore, the appellant’s act was one which, if done by an adult, would constitute a crime (cf. People v. Strasburg, 13 A D 2d 510). Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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In a proceeding pursuant to article 7 of the Family Court Act against an infant under the age of 16 years, the infant appeals, pursuant to permission granted by this court, from an order of the Family Court, Kings County, made November 29, 1965, which, after a fact-finding hearing, determined that the infant did an act which, if done by an adult, would constitute a crime. Order affirmed, without costs. The appellant, with knowledge that an automobile had been stolen, entered the car at the invitation of two boys. The driver was about 15 years of age. The automobile collided with two parked automobiles. In our opinion, a person who enters a stolen ear, with knowledge that it has been stolen, although another person drives the ear, uses the automobile for her own use or purpose within the meaning of section 1293-a of the Penal Law. Therefore, the appellant’s act was one which, if done by an adult, would constitute a crime (cf. People v. Strasburg, 13 A D 2d 510). Ughetta, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

26 A.D.2d 673, 272 N.Y.S.2d 399, 1966 N.Y. App. Div. LEXIS 3751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-nyappdiv-1966.

Opinion

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