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New York Consolidated Laws

N.Y. Penal Law § 165.08 (2026)

Unauthorized use of a vehicle in the first degree

✓ current as of May 2026
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§ 165.08 Unauthorized use of a vehicle in the first degree.
  A person is guilty of unauthorized use of a vehicle in the first
degree when knowing that he does not have the consent of the owner, he
takes, operates, exercises control over, rides in or otherwise uses a
vehicle with the intent to use the same in the course of or the
commission of a class A, class B, class C or class D felony or in the
immediate flight therefrom. A person who engages in any such conduct
without the consent of the owner is presumed to know he does not have
such consent.
  Unauthorized use of a vehicle in the first degree is a class D felony.
Notes of Decisions
Cited in 21 cases, 1989–2016 · leading case: People v. Cantoni, 140 A.D.3d 782 (N.Y. App. Div. 2016).
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People v. Cantoni, 140 A.D.3d 782 (N.Y. App. Div. 2016). “Penal Law § 165.08). They had to prove, in addition, that he intended to either “exert permanent or virtually permanent *784 control over the property” (People v Medina, 18 NY3d at 105 ), or to “dispose of [it] in such manner or under such circumstances as to render it unlikely…”
People v. Loper, 38 A.D.3d 1178 (N.Y. App. Div. 2007). · cites it 4× “We do not agree with the majority decision that the sentence imposed for unauthorized use of a vehicle in the first degree (Penal Law § 165.08) must run concurrently with the sentence imposed for burglary in the third degree (§ 140.”
People v. Smith, 591 N.E.2d 1132 (NY 1992). “) The court reversed the convictions for robbery and for unauthorized use, which was predicated on robbery (see, Penal Law § 165.08) and dismissed those counts of the indictment.”
People v. Franov, 950 N.E.2d 473 (NY 2011). · cites it 2× “06) and unauthorized use of a vehicle in the first degree (Penal Law § 165.08), redesignating the crime contained in Penal Law § 165.”
People v. Stokes, 671 N.E.2d 1260 (NY 1996). “25 [3]), unauthorized use of a vehicle in the first degree (Penal Law § 165.08), reckless endangerment in the first degree (Penal Law § 120.”
MacKenzie v. Portuondo, 208 F. Supp. 2d 302 (E.D.N.Y 2002). “05 ), and Unauthorized Use of a Motor Vehicle in the First Degree ( N.Y. Penal Law § 165.08 ). In the afternoon of August 5, 1992, Trisha Krajci walked from her job at Service Merchandise on Hempstead Turnpike, East Meadow, to her car, which she parked in a lot adjacent to the…”
People v. Foreman, 168 A.D.2d 928 (N.Y. App. Div. 1990). “Since there is no longer a requisite felony on which to predicate unauthorized use of a vehicle in the first degree, that conviction must be modified to one for unauthorized use of a vehicle in the third degree (Penal Law § 165.”
Martin v. Conway, 764 F. Supp. 2d 545 (W.D.N.Y. 2011). “00); unauthorized use of a vehicle in the first degree (Penal Law §§ 165.08, 20.00); criminal use of a firearm in the first degree (P.”
People v. Hinds, 270 A.D.2d 891 (N.Y. App. Div. 2000). “25 [1]) and unauthorized use of a vehicle in the first degree (Penal Law § 165.08). The prosecutor’s peremptory challenge to a black prospective juror did not violate defendant’s constitutional right to equal protection under Batson v Kentucky ( 476 US 79 ).”
People v. Carey, 151 A.D.2d 989 (N.Y. App. Div. 1989). “He was also charged with two counts of unauthorized use of a motor vehicle in the first degree (Penal Law § 165.08). Following a jury trial, he was found guilty of depraved mind murder on the second count, manslaughter in the first degree as a lesser included offense of…”
People v. McDaniel, 161 A.D.2d 1125 (N.Y. App. Div. 1990). “The court erred in ordering that the sentence imposed on defendant’s conviction for unauthorized use of a vehicle in the first degree (Penal Law § 165.08) be served consecutively to the sentences of robbery in the first and second degrees and attempted sodomy in the first degree.”
People v. Farrell, 266 A.D.2d 811 (N.Y. App. Div. 1999). “25 [2]) and unauthorized use of a motor vehicle in the first degree (Penal Law § 165.08), defendant contends that the prosecutor improperly cross-examined a defense witness by using a confidential presentence investigation report.”
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