PEOPLE v. JOHNSON


71 Misc.2d 423 (1972)

The People of the State of New York, Plaintiff, v. Victoria Johnson, Defendant.

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

September 29, 1972


Attorney(s) appearing for the Case

Thomas J. Mackell, District Attorney (Michael Schwed of counsel), for plaintiff. Robert Kasanof and Richard Martin for defendant.


M. MARVIN BERGER, J.

May someone using a rented automobile with the consent of the lessee, but without the permission of the owner-rental agency, be convicted of unauthorized use of the vehicle?

That is the question posed by the facts of this case — one of first impression as far as counsel and this court can ascertain.

On July 13, 1972 at 4:00 A.M. the defendant with two companions was observed by the arresting officer to be driving...

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