Buffalo, NY asked in Criminal Law for New York

Q: Can a person be arrested and convicted of possession of a stolen MV and unauthorized use of a MV w/o owners statement?

Regarding NY. Vehicle owner finds his vehicle has been stolen and reports same to the police. The police conduct an investigation and have the vehicle entered into their DMV system as stolen. However no statement/supporting deposition is taken at the time. Later, the vehicle is found and stopped by police due to registration information showing them it’s stolen. Can the person be arrested and convicted if the owner refuses or otherwise doesn’t/can’t give a supporting deposition despite originally reporting it as stolen?

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1 Lawyer Answer
Stuart Austin
Stuart Austin
  • Criminal Law Lawyer
  • Mineola, NY
  • Licensed in New York

A: Arrested yes ——as the police report provides probable cause. Convicted—- no—- as the standard becomes beyond a reasonable doubt at trial.

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