PEOPLE v. WENCESLAO


69 Misc.2d 160 (1972)

The People of the State of New York, Plaintiff, v. Aly Wenceslao and Frank Marzulli, Defendants.

Criminal Court of the City of New York, Kings County.

February 28, 1972


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Peggy Crowson of counsel), for plaintiff. Melvin Krinsky for Aly Wenceslao, defendant. Dominick Lombardi and John Stackhouse for Frank Marzulli, defendant.


ALLEN MOSS, J.

This case presents a novel question. No reported precedent has been found by counsel or the court. When the owner of a motor vehicle was near but not in the vehicle and another person operated the vehicle and caused it to collide with and damage a parked vehicle, and the owner of the first vehicle saw this and thereupon immediately entered his vehicle, took over its operation and drove it and the operator who caused the accident away from...

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