People v. Cordero

CourtNew York Magistrate Court
Citation189 N.Y.S.2d 559,18 Misc.2d 430
Decision Date13 July 1959
PartiesPEOPLE of the State of New York v. Wilfredo CORDERO. City Magistrate's Court of City of New York, Adolescent Court, Borough of Brooklyn

Page 559

189 N.Y.S.2d 559
18 Misc.2d 430
PEOPLE of the State of New York
v.
Wilfredo CORDERO.
City Magistrate's Court of City of New York, Adolescent
Court, Borough of Brooklyn.
July 13, 1959.

Page 560

Edward S. Silver, Dist. Atty. of Kings County, by Lawrence W. Pierce, Brooklyn, for the People.

Furey, Wolin & Byrne, by Herman G. Wolin, Brooklyn, for defendant.

REUBEN LEVY, City Magistrate.

The defendant is charged with grand larceny under Penal Law, Sec. 1293-a, which reads in part as follows:

'Any person, who * * * shall, without the consent of the owner take, use or operate * * * an automobile * * * for his own profit, use or purpose * * * is guilty of larceny.'

[18 Misc.2d 431] Defendant, when apprehended, was a passenger in a recently stolen automobile, which was being driven by the confessed thief. On being questioned, the defendant, who was in the car without the owner's permission, made no statement.

The defendant, of course, has a constitutional right to remain silent. Nevertheless, his unexplained presence in the stolen car raises the presumption against him of larceny as defined in Penal Law, Sec. 1293-a. In People v. Galbo, 1916, 218 N.Y. 283, 290, 112 N.E. 1041, 1044, 2 A.L.R. 1220, the Court said that 'recent and exclusive possession of the fruits of crime, if unexplained or falsely explained, will justify the inference that the possessor is the criminal.'

It is the defendant's contention that the only one chargeable with 'exclusive possession' is the driver of the automobile. But the prohibition of Penal Law, Sec. 1293-a extends to those who 'use' as well as those who 'operate' an automobile without the owner's consent. It may be added that the sense of the word 'exclusive' does not rule out such possession by two or more persons under appropriate circumstances. State v. Oliver, 1946, 355 Mo. 173, 195 S.W.2d 484, 486; Weisman v. United States, 8 Cir., 1924, 1 F.2d 696, 698-699.

Defendant is held for the Grand Jury. Parole is continued.

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4 practice notes
  • United States ex rel. B. v. Shelly, No. 69-C-304.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 16, 1969
    ...Penal Law § 5.05(3), effective Sept. 1, 1967; In Re Anonymous, 26 A.D.2d 673, 272 N.Y.S.2d 399 (2d Dep't 1966); People v. Cordero, 18 Misc.2d 430, 189 N.Y.S.2d 559 (N.Y.C. Magistrate's Court 1959). The petitioner had, in effect, "let the cat out of the bag." United States v. Bayer......
  • Wahler v. Thompson
    • United States
    • United States State Supreme Court (New York)
    • November 16, 1962
    ...Law. A similar conclusion has been reached in a construction of 'use or operate' in section 1293-a of the Penal Law (People v. Cordero, 18 Misc.2d 430, 189 N.Y.S.2d 559). Still another statute involving the expression 'using or operating' a car has been judicially construed. The Court's rea......
  • People v. Robbins
    • United States
    • New York County Court
    • July 30, 1959
    ...is the product of a secret mental operation. One cannot look inside of another person's head and examine what is going on in there. [18 Misc.2d 430] However, one can determine what is in a person's mind by what she does and by what she says. Therefore, in determining the question of intent ......
  • People v. Rinn
    • United States
    • New York District Court
    • May 21, 1965
    ...It was never establsihed that the defendant at the time he got in the car knew it was stolen. The People rely upon People v. Cordero, 18 Misc.2d 430, 189 N.Y.S.2d 559, which held that a person in a stolen car who gave no explanation could be held for the action of the Grand Jury because the......
4 cases
  • United States ex rel. B. v. Shelly, No. 69-C-304.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • July 16, 1969
    ...Penal Law § 5.05(3), effective Sept. 1, 1967; In Re Anonymous, 26 A.D.2d 673, 272 N.Y.S.2d 399 (2d Dep't 1966); People v. Cordero, 18 Misc.2d 430, 189 N.Y.S.2d 559 (N.Y.C. Magistrate's Court 1959). The petitioner had, in effect, "let the cat out of the bag." United States v. Bayer......
  • Wahler v. Thompson
    • United States
    • United States State Supreme Court (New York)
    • November 16, 1962
    ...Law. A similar conclusion has been reached in a construction of 'use or operate' in section 1293-a of the Penal Law (People v. Cordero, 18 Misc.2d 430, 189 N.Y.S.2d 559). Still another statute involving the expression 'using or operating' a car has been judicially construed. The Court's rea......
  • People v. Robbins
    • United States
    • New York County Court
    • July 30, 1959
    ...is the product of a secret mental operation. One cannot look inside of another person's head and examine what is going on in there. [18 Misc.2d 430] However, one can determine what is in a person's mind by what she does and by what she says. Therefore, in determining the question of intent ......
  • People v. Rinn
    • United States
    • New York District Court
    • May 21, 1965
    ...It was never establsihed that the defendant at the time he got in the car knew it was stolen. The People rely upon People v. Cordero, 18 Misc.2d 430, 189 N.Y.S.2d 559, which held that a person in a stolen car who gave no explanation could be held for the action of the Grand Jury because the......

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