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People v. Hailstock

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1991
171 A.D.2d 439 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).


Defendant was convicted of driving a rental car without the company's permission. At trial, defendant testified that a friend had given him permission to use the car and that he first realized that the vehicle belonged to a rental company after having been stopped by the police.

Defendant argues on appeal that the court should not have used the rental company's name in place of the term "owner" in charging to the jury. To the contrary, the court's charge, which in the main tracked the Criminal Jury Instructions (2 CJI[NY] PL 165.05 [1], at 971-975), made plain that the People had to establish, first, that defendant did not have the rental car company's permission to operate the car, and second, that defendant was aware that he did not have the consent of the company to operate the car. Accordingly, there was no error (Penal Law § 15.05).

Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Kassal, JJ.


Summaries of

People v. Hailstock

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1991
171 A.D.2d 439 (N.Y. App. Div. 1991)
Case details for

People v. Hailstock

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC HAILSTOCK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 7, 1991

Citations

171 A.D.2d 439 (N.Y. App. Div. 1991)
567 N.Y.S.2d 24