People v. Robinson

733 N.E.2d 220, 95 N.Y.2d 179, 711 N.Y.S.2d 148, 2000 N.Y. LEXIS 1839
CourtNew York Court of Appeals
DecidedJuly 6, 2000
StatusPublished
Cited by28 cases

This text of 733 N.E.2d 220 (People v. Robinson) 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
People v. Robinson, 733 N.E.2d 220, 95 N.Y.2d 179, 711 N.Y.S.2d 148, 2000 N.Y. LEXIS 1839 (N.Y. 2000).

Opinion

OPINION OF THE COURT

Ciparick, J.

The issue presented by this appeal is whether the auto stripping statute, which prohibits the removal or intentional destruction or defacing of any part of a vehicle, encompasses defendant’s conduct of breaking a car window in order to steal property within the vehicle. We conclude that it does.

On October 12, 1995, at approximately 9:00 a.m., Police Officer Joseph Coviello was patrolling the area of Riverside Drive between West 163d and 165th Streets in Manhattan when he noticed defendant sitting on a park bench, scanning a group of parked cars. While “still looking around,” defendant rose from the bench and approached several of the cars. He bumped three of the cars with his body, setting off an alarm on the third, then returned to the bench and continued to look around.

The officer watched defendant as he again approached a parked car. This time, defendant swung his arm at the rear passenger side of the car. Officer Coviello heard glass shatter and saw defendant briefly bend down. Seconds later, defendant reappeared and went to the rear of the car, where he opened the trunk. After rummaging through the trunk, defendant closed it and walked away.

The officer immediately radioed defendant’s description and location to police officers stationed nearby. Following a short chase, the officers apprehended defendant and, upon his arrest, recovered stolen bridge tokens, as well as some loose change which defendant admitted was not his. When Officer Coviello returned to inspect the vehicle, he saw that the rear passenger window had been shattered, the glove compartment opened and the ashtray pulled out.

Following his arrest, defendant was indicted for auto stripping in the first degree,

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Bluebook (online)
733 N.E.2d 220, 95 N.Y.2d 179, 711 N.Y.S.2d 148, 2000 N.Y. LEXIS 1839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robinson-ny-2000.