People v. Alamo

34 N.Y.2d 453, 315 N.E.2d 446 (1974)

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Nature of the Case

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Facts

Police spotted defendant behind the wheel of a stolen automobile. Officers testified that the automobile was running, the headlights were on, a side window was broken out, and the ignition switch was removed. One officer testified that the vehicle was attempting to exit from the curb. The trial court Judge defined larceny as the wrongful taking of property. The Judge instructed the jury that if they found that the defendant had forced the window, removed the ignition switch, started the automobile, and exercised control over the automobile, then they could find him guilty of larceny. The Judge also instructed the jury that control over the automobile would consist of entering the car, closing the door, turning the lights on and starting the vehicle.