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PEOPLE v. CHURCH

148 Misc.2d 909 (1990)

The People of the State of New York, Plaintiff, v. Robert Church and Steven Aarons, Defendants.

Justice Court of the Town of Wappinger, Dutchess County.

October 10, 1990

Attorney(s) appearing for the Case

Kevin P. Barry for defendants. William V. Grady, District Attorney (Richard Fiorile of counsel), for plaintiff.

CARL S. WOLFSON, J.

At the conclusion of the People's case, the defendant moves to dismiss the charge of a violation of section 165.05 of the Penal Law, unauthorized use of a motor vehicle. This violation concerns an alleged unauthorized use of an ATV, or all terrain vehicle.

It is urged upon the court that section 165.05 of the Penal Law, which defines unauthorized use of a motor vehicle in the third degree does not apply to all terrain vehicles...

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