PEOPLE v. BROWN


185 Misc.2d 326 (2000)

711 N.Y.S.2d 707

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LEROY BROWN, Defendant.

Criminal Court, Bronx County.

July 18, 2000.


Attorney(s) appearing for the Case

Legal Aid Society of Bronx County (Michele Maxian and Samuel A. Howell of counsel), for defendant.

Robert T. Johnson, District Attorney of Bronx County (Debra L. McCabe of counsel), for plaintiff.


OPINION OF THE COURT

ETHAN GREENBERG, J.

The relatively simple facts developed in the course of a brief bench trial in this case raise two surprisingly complex and interesting legal questions.

First, is the defendant in a prosecution for unauthorized use of a vehicle, like the defendant in a traditional larceny prosecution, entitled to assert as a defense that he acted under a good-faith claim of right?

Second, can a defendant properly be...

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