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  5. 25 N.Y.2d 394 (1969)
 

PEOPLE v. McCALEB

25 N.Y.2d 394 (1969)

The People of the State of New York, Appellant, v. Leotis McCaleb, Respondent. The People of the State of New York, Appellant, v. Gary Gills, Also Known as Gary Gibbs, Respondent.

Court of Appeals of the State of New York.

Decided November 26, 1969.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney of Kings County (Raymond J. Scanlan and Harry Brodbar of counsel), for appellant in first above-entitled case.

Joel S. Cohen and Milton Adler for respondent in first above-entitled case.

Thomas J. Mackell, District Attorney of Queens County (Cornelius J. O'Brien of counsel), for appellant in second above-entitled case.

Helaine Barnett and Milton Adler for respondent in second above-entitled case.

Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur with Judge BREITEL; Chief Judge FULD concurs in result only.

BREITEL, J.

The People appeal in two cases involving the class A misdemeanor of unauthorized use of a vehicle (Penal Law, § 165.05, subd. 1).

The issues are: whether the statute makes criminal the occupation, without any locomotive use, of another's motor vehicle without his consent; and whether the statutory presumption of knowledge of the owner's nonconsent is constitutionally valid.

Defendant...

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