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PEOPLE v. SIMMONS

32 N.Y.2d 250 (1973)

The People of the State of New York, Respondent, v. James Simmons and Edward Simmons, Appellants.

Court of Appeals of the State of New York.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Freda S. Nisnewitz, William E. Hellerstein and Robert Kasanof for appellants.

Eugene Gold, District Attorney (Martin I. Saperstein of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI and JONES concur.

WACHTLER, J.

The appellants, two brothers with no prior criminal record, who at the time of their arrest were aged 16 and 18, have been convicted of unauthorized use of a vehicle in violation of section 165.05 (subd. 1) of the Penal Law. That section states in pertinent part: "A person is guilty of unauthorized use of a vehicle when * * * knowing that he does not have the consent of the owner, he takes, operates...

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