People v. Alamo
New York Court of Appeals
34 N.Y.2d 453, 315 N.E.2d 446 (1974)
- Written by Carolyn Strutton, JD
Facts
Two police officers spotted suspicious activity in a vehicle that was parked near a curb. As the police car approached, the car in question was running and the headlights were on, with the wheels pointed toward the road, and the car beginning to inch away from the curb. The police maneuvered their police car to block the vehicle and approached. They found Alamo (defendant) operating the car and determined that it was owned by someone else. They also found burglary tools and drug paraphernalia in the car, and saw that the side window of the car had been forced open. Alamo was arrested and charged with grand larceny among other charges. At trial, the judge instructed the jury that they could find Alamo guilty of larceny if they determined he was in control of the vehicle, whether or not he succeeded in actually moving the vehicle. Alamo was convicted and appealed, alleging that the judge’s instructions to the jury regarding the requirement of movement of the vehicle was in error.
Rule of Law
Issue
Holding and Reasoning (Gabrielli, J.)
Dissent (Breitel, C.J.)
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