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In re Diane S.

224 N.E.2d 719, 18 N.Y.2d 973, 278 N.Y.S.2d 211, 1966 N.Y. LEXIS 904
CourtNew York Court of Appeals
DecidedDecember 30, 1966
StatusPublished
Cited by4 cases

This text of 224 N.E.2d 719 (In re Diane S.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Diane S., 224 N.E.2d 719, 18 N.Y.2d 973, 278 N.Y.S.2d 211, 1966 N.Y. LEXIS 904 (N.Y. 1966).

Opinion

Order of Appellate Division, treated as a resettled order of affirmance including a grant of leave to appeal, reversed and petition dismissed. Question certified answered in the negative. Section 1293-a of the Penal Law, which provides that a person ‘ ‘ who, under circumstances not constituting larceny * * * shall, without the consent of the owner take, use or operate * * * an automobile ’ ’, is to be strictly construed. The statute does not apply to one who accepts a ride in an automobile, even knowing it to have been taken without the owner’s consent, unless he was implicated or involved in the actual taking of the vehicle.

Concur: Judges Fuld, Vast Voorhis, Bergan and Keating. Chief Judge Desmond and Judges Burke and Scileppi dissent and vote to affirm upon the memorandum at the Appellate Division.

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Related

People v. Franov
950 N.E.2d 473 (New York Court of Appeals, 2011)
People v. Simmons
139 Misc. 2d 859 (Criminal Court of the City of New York, 1988)
State v. MacOmber
517 P.2d 344 (Court of Appeals of Oregon, 1973)

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Bluebook (online)
224 N.E.2d 719, 18 N.Y.2d 973, 278 N.Y.S.2d 211, 1966 N.Y. LEXIS 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-diane-s-ny-1966.