PEOPLE v. BROWN


29 A.D.2d 724 (1968)

The People of the State of New York, Respondent, v. Paul Brown, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 22, 1968


GABRIELLI, J.

While the defendant does not question either the weight or sufficiency of evidence that the automobile involved was being operated without the owner's consent, he raises as the only issue, the sufficiency of the evidence as to whether the defendant was the person who had operated the car. Although the evidence is clear that he was the only person seen in the car, he contends that such evidence is as consistent with his being a passenger...

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