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PEOPLE v. THOMAS

211 A.D.2d 506 (1995)

621 N.Y.S.2d 558

The People of the State of New York, Respondent, v. Matthew Thomas, Appellant

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

January 17, 1995

Former provisions of Penal Law § 450.10, which required retention of stolen vehicles for 48 hours for defense examination, were inapplicable in this case, because the only police "custody", if any, consisted of the arresting officer/complainant's retention of his own private car following defendant's attempt to steal it (see, People v Trotty, 188 A.D.2d 353, lv denied 81 N.Y.2d 848). The statute was inapplicable...

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