MATTER OF RAQUEL M.


99 N.Y.2d 92 (2002)

782 N.E.2d 64

752 N.Y.S.2d 268

In the Matter of RAQUEL M., a Person Alleged to be a Juvenile Delinquent, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 2002.


Attorney(s) appearing for the Case

Legal Aid Society Juvenile Rights Division, New York City (Gary S. Solomon, Monica Drinane and Meridith Sopher of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Drake Colley, Leonard Koerner, Kristin M. Helmers and Helen P. Brown of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

SMITH, J.

The issue here is whether Family Court appropriately applied the statutory presumption that a person who "rides in or otherwise uses a vehicle * * * without the consent of the owner is presumed to know that he does not have such consent" (Penal Law § 165.05 [1]). We conclude that the presumption was correctly applied, and we affirm the order of the Appellate Division.

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