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...
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