Opinion
December 14, 1973
Appeal from the District Court of Nassau County, ALFRED F. SAMENGA, J., FRANCIS J. DONOVAN, J.
James J. McDonough ( Matthew Muraskin and Eugene Murphy of counsel), for appellant.
William Cahn, District Attorney ( Herbert H. Esrick of counsel), for respondent.
MEMORANDUM.
Judgment of conviction affirmed.
Since the owner of the stolen vehicle involved herein, on the day after defendant's arrest, executed a supporting deposition (attached to the information) wherein he swore that he had not given defendant permission to operate his vehicle, it is unnecessary for us to determine whether a certified copy of a Police Department teletyped report of stolen vehicles, standing alone, was sufficient under CPL 100.40 and 100.15 Crim. Proc. (subd. 3) as non-hearsay evidence of a lack of the owner's consent. However, we note that, in our opinion, while the teletyped report is a record made in the regular course of the department's business and may be admissible as proof that a vehicle was reported stolen, it does not provide proof that the owner did not give consent to this defendant (cf. People v. Fields, People v. Shipp [defendant herein] and People v. Hudson, 74 Misc.2d 109).
Concur — HOGAN, P.J., GLICKMAN and McCULLOUGH, JJ.