PEOPLE v. RAFFERTY


167 Misc.2d 946 (1996)

640 N.Y.S.2d 740

The People of the State of New York, Plaintiff, v. Terrence Rafferty and Frank Cicinelli, Defendants.

Supreme Court, Queens County.

March 25, 1996


Attorney(s) appearing for the Case

Mancuso, Rubin & Fufidio, White Plains (Robert J. Mancuso of counsel), for Terrence Rafferty, defendant. Ressler & Agate, Kew Gardens (Augustus C. Agate of counsel), for Frank Cicinelli, defendant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Eva L. Cooper of counsel), for plaintiff.


STEVEN W. FISHER, J.

The principal question presented on these motions to dismiss is whether the lessee of a vehicle may be charged with stealing the car while the lease is still in effect. The precise issue appears to be one of first impression in this State.

Charged jointly with grand larceny in the third and fourth degrees and conspiracy in the fifth degree, the defendants each filed a motion to...

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