People v. Rivers

• Decision Date: 26 May 1988
• Parties: The PEOPLE of the State of New York, Respondent, v. William RIVERS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 714

528 N.Y.S.2d 714

140 A.D.2d 897

The PEOPLE of the State of New York, Respondent, v. William RIVERS, Appellant.

Supreme Court, Appellate Division,

Third Department.

May 26, 1988.

Thomas J. Snider, Massena, for appellant.

Charles A. Gardner, Dist. Atty. (Jane M. Getman, of counsel), Canton, for respondent.

Before CASEY, J.P., and MIKOLL, LEVINE, HARVEY and MERCURE, JJ.

HARVEY, Justice.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered May 28, 1987, upon a verdict convicting defendant of the crime of unauthorized use of a vehicle in the second degree.

On July 1, 1986, Thomas McCann brought his 1977 Ford Thunderbird automobile to Dale's Discount Repair in the Village of Malone, Franklin County. The car was in need of repair and was thus left on the premises with the expectation that the work would be performed and the car picked up the following day. The car, however, was taken from the lot by defendant, who was in a single-car accident with the vehicle at about 4:30 A.M. on July 2, 1986. Defendant was indicted for the crime of unauthorized use of a vehicle in the second degree, a felony, based on the events of July 1 and 2, 1986 and the fact that he had previously been convicted of unauthorized use of a vehicle.

At trial, defendant stated that he had spent most of the afternoon and evening of July 1, 1986 drinking at a local bar. Defendant testified that, as he was mentioning to someone at the bar that he wanted to buy a used car, an individual he had never seen before approached him and stated that he had a used car he wanted to sell. This mysterious stranger then gave defendant the keys to McCann's car and agreed to let defendant keep the car overnight. This story was not only uncorroborated, but it was contradicted by defendant's friend, who testified that on the night in question defendant had represented the car as belonging to him or his girlfriend. The jury was unconvinced by defendant's story and he was found guilty of the charged crime. Defendant was sentenced to 2 to 4 years' imprisonment. This appeal followed.

Defendant contends that County Court failed to adequately charge the jury concerning the presumption of knowledge of lack of consent. Penal Law § 165.05(1) provides that a person who operates a motor vehicle without the consent of the owner is presumed to know that he does not have such consent. This presumption is, of course, rebuttable and the burden of proof remains on the prosecution ( see, People v. Simmons, 32 N.Y.2d 250, 344 N.Y.S.2d 897, 298 N.E.2d 76). Here, the court's...