People v. Shine

224 A.D.2d 306, 638 N.Y.S.2d 437, 1996 N.Y. App. Div. LEXIS 1259

Opinion

—Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered January 12, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree, and, after a jury trial, of criminal possession of stolen property in the fourth degree and unauthorized use of a vehicle in the third degree, and sentencing him, as a second felony offender, to concurrent prison terms of 6 months, 22 to 44 months, and 6 months, respectively, unanimously affirmed.

Evidence that defendant lacked a driver’s license was properly admitted as relevant to whether defendant was authorized to use the stolen car in which the police found him, it being highly unlikely that a person unable to produce a license or registration would have authorization to use a car (see, People v Santarelli, 49 NY2d 241, 247-248). Nor is there merit to defendant’s claim that the court should have charged temporary and lawful possession and justification. Assuming, arguendo, that the far-fetched scenario defendant argues as a reasonable view of the evidence — that he entered the car to keep warm and was attempting, when arrested, to move it to a safer place near the curb — such conduct was neither "temporary and lawful” nor "justified” as an "emergency measure” (Penal Law § 35.05 [2]). Concur — Milonas, J. P., Rosenberger, Rubin, Kupferman and Mazzarelli, JJ.