People v. Brown
New York City Criminal Court
711 N.Y.S.2d 707 (2000)
- Written by Kaitlin Pomeroy-Murphy, JD
Facts
Leroy Brown (defendant) and Lisa Lindo were in a prior relationship, and they remained friendly after separating. They made the decision to buy a car. Brown paid $6,000 for the down-payment, but legal title of the car was placed in Lindo’s name. They shared the car, but issues began to arise when Brown fell behind in making payments. On October 18, 1998, Lindo drove Brown to the Bronx. A fight about the car ensued during the trip. Brown got into the driver’s seat of the car, and Lindo jumped into the backset before he was able to drive away. The argument continued. Angry, Brown stated that if he could not have the car then no one could and drove the car into a light pole. Brown was arrested and charged with unauthorized use of a vehicle and criminal mischief. At trial, Brown testified that the car was not a gift to Lindo. He had an informal agreement with Lindo that he would make the down-payment in exchange for occasionally being able to use the car. Lindo was the title holder, but Brown retained the right to use the car and Lindo was required to share.
Rule of Law
Issue
Holding and Reasoning (Greenberg, J.)
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