83.Court of Appeals of the State of New York.
May 10, 2011.
Opinion by Judge GRAFFEO.
Chief Judge Lippman and Judges Ciparick and Read concur.
Judge Smith concurs in result in an opinion.
Judge Jones dissents and votes to affirm in an opinion in which Judge Pigott concurs.
Order, insofar as appealed from, reversed, defendant’s conviction of unauthorized use of a vehicle in the second degree reinstated and case remitted to the Appellate Division, Second Department, for consideration of the facts (see CPL 470.25 [2] [d]; 470.40[2][b]).
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