People v. Brown

711 N.Y.S.2d 707 (2000)

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Nature of the Case

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Facts

D and Lindo lived together for a time, and they remained on friendly terms even after they took up separate residences. They decided to buy a car. D made the initial down payment for the car of about $6,000. Legal title to the car was placed in Lindo's name and of her father (who graciously agreed to cosign for the car loan). They shared the car without incident. Then defendant D fell behind in making payments on the car. Lindo traveled from her home in the Bronx to D's neighborhood in Brooklyn and simply took the car off the street, without any notice to D. Thereafter she kept the car herself. Lindo and D got into a face to face argument. D got into the driver's seat of the car and prepared to drive away. Lindo jumped into the car's back seat and continued the argument. D began to drive and in a fit of anger, declared 'If I can't have the car, then no one can' and wrecked the car by deliberately driving it into a light pole. D stands charged with attempted unauthorized use of a vehicle in the third degree (in violation of Penal Law §§ 110.00, 165.05 [1]) and attempted criminal mischief in the fourth degree (Penal Law §§ 110.00, 145.00 [1]). There was and is a genuine dispute between Lindo and D about who owned the car and who was entitled to use it. Lindo claimed the car was a gift to her. D claimed it was not an outright gift, but there was an informal agreement they would share the car. In D's mind, he was not stealing the car on the day in question; rather D believed that he was entitled to drive the car from time to time and that Lindo was obligated to share it.