People v. Robinson, 733 N.E.2d 220 (N.Y. 2000). · Go Syfert
People v. Robinson, 733 N.E.2d 220 (N.Y. 2000). Cases Citing This Book View Copy Cite
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cited 5× by 4 distinct cases, 2003–2023 · 3 courts · …clearest indicator of legislative intent at p. 182 ✓
34 citation events (34 in the last 25 years) across 5 distinct courts.
Strongest positive: People v. Dondorfer (ny, 2026-02-17)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Dondorfer
NY · 2026 · confidence medium
As the Legislature is presumably "aware of our decisional law at the time of enactment" ( People v Hardy , 35 NY3d 466 , 474 [2020], citing Matter of Odunbaku v Odunbaku , 28 NY3d 223, 229 [2016]), its choice to use the same term without "explicitly overriding" ( Odunbaku , 28 NY3d at 229 ) that statutory language, "evinces an intent to apply the statute as written" in accordance with the definition previously given to that term ( People v Robinson , 95 NY2d 179, 184 [2000]).
cited Cited as authority (rule) Archdiocese of N.Y. v. Century Indem. Co.
N.Y. App. Div. · 2025 · confidence medium
School Dist. , 9 NY3d 367 , 373 [2007]; People v Robinson , 95 NY2d 179, 184 [2000]; People v Wood , 58 AD3d 242, 247-248 [1st Dept 2008], lv denied 12 NY3d 823 [2009]).
examined Cited as authority (rule) People ex rel. Ellis v. Imperati (4×)
NY · 2025 · confidence medium
Courts are not entitled to substitute their own policy preferences when the statutory text is clear ( see People v Roberts , 31 NY3d 406, 418 [2018], citing People v Robinson , 95 NY2d 179, 182 [2000] ["If the words chosen have a 'definite meaning, which involves no absurdity or contradiction, then there is no room for construction and courts have no right to add or take away from that meaning'"]).
discussed Cited as authority (rule) People v. Corr
NY · 2024 · confidence medium
Where the words have a "definite meaning, which involves no absurdity or contradiction, then there is no room for construction and courts have no right to add or take away from that meaning" ( People v Roberts , 31 NY3d 406, 418 [2018], citing People v Robinson , 95 NY2d 179, 182 [2000]; Majewski v Broadalbin-Perth Cent.
discussed Cited as authority (rule) People v. Castro
N.Y. App. Div. · 2023 · confidence medium
Nothing in the statutory language, which is the "clearest indicator of legislative intent" suggests that there was any intent to authorize the vacatur of convictions under Vehicle and Traffic Law § 511 that arose from license suspensions predicated on failures to pay a fine ( People v Robinson , 95 NY2d 179, 182 [2000] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Castro
N.Y. App. Div. · 2023 · confidence medium
Nothing in the statutory language, which is the "clearest indicator of legislative intent" suggests that there was any intent to authorize the vacatur of convictions under Vehicle and Traffic Law § 511 that arose from license suspensions predicated on failures to pay a fine ( People v Robinson , 95 NY2d 179, 182 [2000] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Roberts
NY · 2018 · confidence medium
"If the words chosen have a 'definite meaning, which involves no absurdity or contradiction, then there is no room for construction and courts have no right to add or take away from that meaning' " ( People v Robinson , 95 NY2d 179, 182 [2000] [brackets omitted], quoting Majewski v Broadalbin-Perth Cent.
discussed Cited as authority (rule) The People v. Earl Coleman
NY · 2014 · confidence medium
In choosing between these two plausible readings of the statute, we are guided by the precept that the plain terms of the 2009 DLRA, like any statute, should be interpreted in a manner that effectuates the intent of the legislature (see People v Mitchell, 15 NY3d 93, 97 [2010]; People v Robinson, 95 NY2d 179, 182 [2000]).
discussed Cited as authority (rule) People v. Franov (2×)
NY · 2011 · confidence medium
Absent a contrary legislative intention, "overlapping in criminal statutes, and the opportunity for prosecutorial choice they represent, is no bar to prosecution" ( People v Robinson, 95 NY2d 179, 184 [2000] [internal quotation marks and citation omitted]; see also People v Mattocks, 12 NY3d 326, 333-334 [2009]). [1] Penal Law § 165.06 provides: "A person is guilty of unauthorized use of a vehicle in the second degree when ... "[h]e commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 of this article and has been previously con…
cited Cited as authority (rule) People v. Bartholomew
nybroomectyct · 2011 · confidence medium
The clearest indication of legislative intent is the statutory language itself (People v Robinson, 95 NY2d 179, 182-183 [2000]).
discussed Cited as authority (rule) People v. LaPage
nycountyct · 2009 · confidence medium
(People v Vicaretti, 54 AD2d 236, 239-240 [4th Dept 1976], lv denied 41 NY2d 869 [1977]; People v Vaccaro, 44 NY2d 885 [1978]; People v Robinson, 95 NY2d 179, 184 [2000]; People v Urbaez, 10 NY3d 773, 775 [2008]; People v Adams, 50 AD3d 433 [1st Dept 2008], lv denied 10 NY3d 955 [2008]; People v Greene, 57 AD3d 1004, 1005 [2d Dept 2008].) In People v Alford ( 65 AD3d 1392 [3d Dept 2009]) the court reversed defendant’s convictions for course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1] [a]) and criminal- sexual act in the first degree (Penal Law § 130.50 [3]…
cited Cited as authority (rule) People v. Mattocks
NY · 2009 · confidence medium
People v Robinson, 95 NY2d 179, 184 [2000]).
discussed Cited as authority (rule) People v. Wood
N.Y. App. Div. · 2008 · confidence medium
Under our principles of statutory construction, the Legislature is presumed to be familiar with existing decisional law, and, in this case, its failure to alter the judicially created requirement of “knowing possession” for 96 years is strong evidence that it has come to accept “knowing possession” as an element of the offense (see People v Robinson, 95 NY2d 179, 184 [2000]; Matter of Knight-Ridder Broadcasting v Greenberg, 70 NY2d 151, 157 [1987]; Jiggetts v Dowling, 21 AD3d 178, 184 [2005], lv dismissed 6 NY3d 807 [2006]; see also McKinney’s Cons Laws of NY, Book 1, Statutes § 191…
discussed Cited as authority (rule) Graev v. Graev
N.Y. App. Div. · 2007 · confidence medium
Just as it is sensible to presume that when the Legislature amends a statute it is aware of all judicial decisions construing it (see People v Robinson, 95 NY2d 179, 184 [2000]), it is also sensible to presume that attorneys using a term such as “cohabitation” in a separation agreement are aware of the judicial decisions construing the term.
cited Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2007 · confidence medium
We are not at liberty to depart from that determination (see People v Robinson, 95 NY2d 179, 183 [2000]).
cited Cited as authority (rule) Rosato v. New York State Department of Motor Vehicles
N.Y. App. Div. · 2004 · confidence medium
When a statute contains a clear mandate, its plain language must be followed (see People v Robinson, 95 NY2d 179, 183 [2000]).
discussed Cited as authority (rule) People v. Mateo (2×)
NY · 2004 · confidence medium
When it enacted the statute, the Legislature was surely aware of our decisions interpreting the accessorial liability statute (see generally People v Robinson, 95 NY2d 179, 183-184 [2000]).
cited Cited as authority (rule) In re Ficalora
N.Y. Sup. Ct. · 2003 · confidence medium
The ‘ “clearest indicator of legislative intent” ’ is the statute itself (People v Robinson, 95 NY2d 179, 182 [2000], quoting Majewski v Broadalbin-Perth Cent.
examined Cited as authority (rule) People v. Cahill (6×)
NY · 2003 · confidence medium
The “ ‘clearest indicator of legislative intent’ ” is the statute itself (People v Robinson, 95 NY2d 179, 182 [2000], quoting Majewski v Broadalbin-Perth Cent.
discussed Cited "see" People v. Dondorfer
N.Y. App. Div. · 2024 · signal: see · confidence high
Where "the words chosen have a definite meaning, which involves no absurdity or contradiction, then there is no room for construction and courts have no right to add or take away from that meaning" ( Roberts , 31 NY3d at 418 [internal quotation marks omitted]; see People v [*3]Robinson , 95 NY2d 179, 182 [2000]).
discussed Cited "see" People v. Cintron
N.Y. Sup. Ct. · 2006 · signal: accord · confidence high
Inasmuch as the legislative intent is apparent from the language of [the statute], there is no occasion to consider the import, if any, of the legislative memorandum.” ( 60 NY2d 183, 190-191 [1983] [citations omitted]; see also People v Bloomfield, 6 NY3d 165, 170 [2006] [“Where the language of a statute is clear and unambiguous, courts must give effect to its plain meaning”]; accord People v Robinson, 95 NY2d 179, 182 [2000]. ) The petitioners’ entire argument that the Legislature did not intend SORA to apply to the challenged offenses thus rests upon the title of the statute and sele…
discussed Cited "see, e.g." People v. Payne (2×)
NY · 2004 · signal: see also · confidence medium
“The Legislature is . . . presumed to be aware of the decisional and statute law in existence at the time of an enactment” (Arbegast v Board of Educ., 65 NY2d 161 , 169 [1985]; see also People v Robinson, 95 NY2d 179, 184 [2000]). .
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Donald Robinson
New York Court of Appeals.
Jul 6, 2000.
733 N.E.2d 220
2000 N.Y. LEXIS 1839
POINTS OF COUNSEL, Andrew E. Abraham, New York City, and M. Sue Wycoff for appellant., Robert M. Morgenthau, District Attorney of New York County, New York City (Floyd R. Engelhardt and Theresa A. Foudy of counsel), for respondent.
Ciparick.
Cited by 28 opinions  |  Published

OPINION OF THE COURT

Ciparick, J.

The issue presented by this appeal is whether the auto stripping statute, which prohibits the removal or intentional destruction or defacing of any part of a vehicle, encompasses defendant’s conduct of breaking a car window in order to steal property within the vehicle. We conclude that it does.

On October 12, 1995, at approximately 9:00 a.m., Police Officer Joseph Coviello was patrolling the area of Riverside Drive between West 163d and 165th Streets in Manhattan when he noticed defendant sitting on a park bench, scanning a group of parked cars. While “still looking around,” defendant rose from the bench and approached several of the cars. He bumped three of the cars with his body, setting off an alarm on the third, then returned to the bench and continued to look around.

The officer watched defendant as he again approached a parked car. This time, defendant swung his arm at the rear passenger side of the car. Officer Coviello heard glass shatter and saw defendant briefly bend down. Seconds later, defendant reappeared and went to the rear of the car, where he opened the trunk. After rummaging through the trunk, defendant closed it and walked away.

The officer immediately radioed defendant’s description and location to police officers stationed nearby. Following a short chase, the officers apprehended defendant and, upon his arrest, recovered stolen bridge tokens, as well as some loose change which defendant admitted was not his. When Officer Coviello returned to inspect the vehicle, he saw that the rear passenger window had been shattered, the glove compartment opened and the ashtray pulled out.

Following his arrest, defendant was indicted for auto stripping in the first degree,* criminal mischief in the fourth degree and petit larceny. In his omnibus motion, defendant moved to inspect the Grand Jury minutes and to dismiss the auto stripping charge for legal insufficiency. Supreme Court denied the[*182] motion, and defendant moved for reconsideration. Defendant argued that the auto stripping statute was not intended to cover simple theft offenses like his, but rather was enacted to deter the theft and dismantling of automobiles for their parts. In denying the motion, Supreme Court concluded that the statute unambiguously proscribed the “intentional damage or destruction of a part of a car.”

At the close of the People’s case at trial, defendant again moved to dismiss the auto stripping charge, asserting the same argument. A different Judge denied the motion, ruling that the plain language of the statute encompassed the charged conduct. After a jury trial, defendant was convicted of all charges.

The Appellate Division modified defendant’s conviction to the extent of deleting a portion of the sentence imposing a fine and, as modified, affirmed, holding that defendant’s breaking of a car window fell within the plain meaning of the auto stripping statute. A Judge of this Court granted defendant leave to appeal, and we now affirm.

To sustain a conviction for auto stripping in this case, the People were required to prove beyond a reasonable doubt that defendant (1) had previously been convicted of auto stripping in the second or third degrees within the last five years, and (2) had committed the crime of auto stripping in the third degree (Penal Law § 165.10 [1]). A person is guilty of auto stripping in the third degree when

“[h]e or she removes or intentionally destroys or defaces any part of a vehicle, other than an abandoned vehicle * * * without the permission of the owner” (Penal Law § 165.09 [1] [emphasis added]).

It is undisputed that the literal language of the auto stripping statute proscribes the destruction or defacing of any part of a vehicle. At issue is whether the statute’s broad language covers defendant’s act of shattering a car window incidental to his theft of the items inside. We hold that it does.

In construing statutes, we must first examine the statutory language, “the clearest indicator of legislative intent” (Majewski v Broadalbin-Perth Cent. School Dist., 91 NY2d 577, 583; see also, People v Ryan, 82 NY2d 497, 502). If the words chosen have a “ ‘definite meaning, which involves no absurdity or contradiction, [then] there is no room for construction and courts have no right to add to or take away from that meaning’ ” (Majewski v Broadalbin-Perth Cent. School Dist., supra, 91 NY2d, at 583, quoting Tompkins v Hunter, 149 NY 117, 122-123).

[*183] Here, the words chosen by the Legislature — “destroys or defaces” — are abundantly clear and encompass defendant’s conduct. By shattering a car window in the course of a theft, defendant “intentionally destroy[ed] or deface [d] [a] part of a vehicle * * * without the permission of the owner” (Penal Law § 165.09 [1]). Nothing in the plain language of the statute requires the People to prove, additionally, that defendant destroyed the window for the purpose of removing an auto part. To limit the statute to “chop shops” and other purveyors of stolen parts, as defendant urges, would require us to ignore the words as written (cf., People v Keyes, 75 NY2d 343, 347-348 [rejecting strict interpretation of the word “procure” in child pornography statute]). Because those words unambiguously proscribe the destruction or defacing of a part of a vehicle, we conclude that defendant’s conduct falls squarely within the purview of the statute.

Our conclusion is buttressed by the statute’s legislative history and purpose. Although the auto stripping statute was enacted, in part, to discourage the dismantling of motor vehicles (Mem in Support, Bill Jacket, L 1984, ch 390, at 5-6), nothing in the statute’s history restricts its application to the unauthorized removal of automobile parts. To the contrary, the statute’s broad wording is consistent with the Legislature’s efforts to eradicate the burgeoning problem of automobile-related crime (see, id.; Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 165.09, at 416). Indeed, several proponents of the bill speak of its protections against “vandalism” and “damage” to motor vehicles (Letter from Am Ins Assn. dated July 13, 1984, Bill Jacket, L 1984, ch 390, at 30-31; Letter from Counsel to NY St Commn of Correction, dated June 25, 1984, op. cit., at 20; Mem from General Counsel to NY St Div of Probation, dated June 25, 1984, op. cit, at 21). In endorsing the 1996 amendment to the statute, the Mayor of New York City commented on the statute’s sweeping goal of deterring “auto crime,” which “drives up the cost of auto insurance, results in unsafe cars containing stolen or damaged parts being driven on the public highways, and compels car owners to safeguard their cars at tremendous cost with little hope of security” (Letter from Mayor Rudolph Giuliani, dated July 17, 1996, Bill Jacket, L 1996, ch 494, at 6-7).

Nevertheless, defendant argues that the statute is drawn too broadly to achieve its goals. However, the Legislature was mindful of the broad wording of the statute, as well as concerns by opponents that the statute could potentially cover more[*184] than just the theft of auto parts (see, e.g., Letter to Governor’s Counsel, dated July 12, 1984, Bill Jacket, L 1984, ch 390, at 26). Moreover, in amending the statute in 1996, the Legislature was presumably aware of all existing decisions interpreting it (see, Arbegast v Board of Educ., 65 NY2d 161, 169). Those decisions do not confine auto stripping to the removal of a part, but extend it to include damage or destruction to a vehicle (see, e.g., Matter of Tyson M., 195 AD2d 558; People v Jordan, NYLJ, Apr. 17, 1996, at 26, col 1 [Sup Ct, NY County]). That the Legislature chose not to narrow the statutory language despite these decisions evinces an intent to apply the statute as written (see, Matter of Knight-Ridder Broadcasting v Greenberg, 70 NY2d 151, 157-158).

Finally, we reject defendant’s argument that he should not be prosecuted for auto stripping since his crime is also punishable under the criminal mischief statute. Absent a contrary legislative intent, “overlapping in criminal statutes, and the opportunity for prosecutorial choice they represent, is no bar to prosecution” (People v Eboli, 34 NY2d 281, 287; see also, People v Walsh, 67 NY2d 747, 749). Auto stripping in the third degree, like criminal mischief in the fourth degree, is a class A misdemeanor, and is elevated to a felony only when the defendant has committed the crime within the last five years, like here, or has caused over $1,000 in damages to two or more vehicles (see, Penal Law §§ 145.00, 165.10 [1], [2]). By imposing stiffer penalties on those who specialize in auto crime, the Legislature clearly intended to set auto-related offenses apart from offenses against other types of property.

Defendant’s remaining arguments are without merit.

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Wesley and Rosenblatt concur.

Order affirmed.

Following defendant’s conviction, auto stripping in the first degree (former Penal Law § 165.10) was renamed auto stripping in the second degree and replaced by a new first degree section (Penal Law § 165.11 [L 1996, ch 494]). Thus, the crime of which defendant was convicted is currently auto stripping in the second degree (Penal Law § 165.10 [1]).