In re Diane S., 224 N.E.2d 719 (N.Y. 1966). · Go Syfert
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In re Diane S., 224 N.E.2d 719 (N.Y. 1966). Cases Citing This Book View Copy Cite
7 citation events (2 in the last 25 years) across 3 distinct courts.
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q1 “take, use or operate ... an automobile.”0 citing cases1 citing court quotes it · Neutral (inherited from the case)
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    In the Matter of Diane S.
    New York Court of Appeals.
    Dec 30, 1966.
    Published opinion
    224 N.E.2d 719
    1966 N.Y. LEXIS 904
    Nanette Dembits, Charles Schinitsky and Annette Pinsky for appellant., J. Lee Rankin, Corporation Counsel (Patricia Zeserson and Stanley Buchsbaum of counsel), for respondent.
    Bergan, Burke, Desmond, Fuld, Keating, Scileppi, Upon, Voorhis, Vote.
    Cited by 4 opinions  |  Published

    Order of Appellate Division, treated as a resettled order of affirmance including a grant of leave to appeal, reversed and petition dismissed. Question certified answered in the negative. Section 1293-a of the Penal Law, which provides that a person ‘ ‘ who, under circumstances not constituting larceny * * * shall, without the consent of the owner take, use or operate * * * an automobile ’ ’, is to be strictly construed. The statute does not apply to one who accepts a ride in an automobile, even knowing it to have been taken without the owner’s consent, unless he was implicated or involved in the actual taking of the vehicle.

    Concur: Judges Fuld, Vast Voorhis, Bergan and Keating. Chief Judge Desmond and Judges Burke and Scileppi dissent and vote to affirm upon the memorandum at the Appellate Division.