The People &c.,
Respondent,
v.
Donald Robinson,
Appellant.
2000 NY Int. 86
The issue presented by this appeal is whether the auto stripping statute, which prohibits the removal or intentional destruction or defacing of any part of a vehicle, encompasses defendant's conduct of breaking a car window in order to steal property within the vehicle. We conclude that it does.
On October 12, 1995, at approximately 9:00 a.m., Police
Officer Joseph Coviello was patrolling the area of Riverside
Drive between West 163rd and 165th Streets in Manhattan when he
noticed defendant sitting on a park bench, scanning a group of
The officer watched defendant as he again approached a parked car. This time, defendant swung his arm at the rear passenger side of the car. Officer Coviello heard glass shatter and saw defendant briefly bend down. Seconds later, defendant reappeared and went to the rear of the car, where he opened the trunk. After rummaging through the trunk, defendant closed it and walked away.
The officer immediately radioed defendant's description and location to police officers stationed nearby. Following a short chase, the officers apprehended defendant and, upon his arrest, recovered stolen bridge tokens, as well as some loose change which defendant admitted was not his. When Officer Coviello returned to inspect the vehicle, he saw that the rear passenger window had been shattered, the glove compartment opened and the ashtray pulled out.
Following his arrest, defendant was indicted for auto
stripping in the first degree,[1]
criminal mischief in the fourth
At the close of the People's case at trial, defendant again moved to dismiss the auto stripping charge, asserting the same argument. A different Judge denied the motion, ruling that the plain language of the statute encompassed the charged conduct. After a jury trial, defendant was convicted of all charges.
The Appellate Division modified defendant's conviction to the extent of deleting a portion of the sentence imposing a fine and, as modified, affirmed, holding that defendant's breaking of a car window fell within the plain meaning of the auto stripping statute. A Judge of this Court granted defendant leave to appeal, and we now affirm.
To sustain a conviction for auto stripping in this
case, the People were required to prove beyond a reasonable doubt
that defendant (1) had previously been convicted of auto
[h]e or she removes or intentionally destroys or defaces any part of a vehicle, other than an abandoned vehicle * * * without the permission of the owner (Penal Law § 165.09[1] [emphasis added]).
It is undisputed that the literal language of the auto stripping statute proscribes the destruction or defacing of any part of a vehicle. At issue is whether the statute's broad language covers defendant's act of shattering a car window incidental to his theft of the items inside. We hold that it does.
In construing statutes, we must first examine the
statutory language, "the clearest indicator of legislative
intent" (Majewski v Broadalbin-Perth Cent. School Dist., , 91 NY2d 577, 583; see also, People v Ryan, , 82 NY2d 497, 502). If the
words chosen have a "'definite meaning, which involves no
absurdity or contradiction, [then] there is no room for
construction and courts have no right to add or take away from
that meaning'" (Majewski v Broadalbin-Perth Cent. School Dist.,
Here, the words chosen by the Legislature -- "destroys
or defaces" -- are abundantly clear and encompass defendant's
conduct. By shattering a car window in the course of a theft,
Our conclusion is buttressed by the statute's
legislative history and purpose. Although the auto stripping
statute was enacted, in part, to discourage the dismantling of
motor vehicles (Mem in Support, Bill Jacket, L 1984, ch 390, § 1,
at 5-6), nothing in the statute's history restricts its
application to the unauthorized removal of automobile parts. To
the contrary, the statute's broad wording is consistent with the
Legislature's efforts to eradicate the burgeoning problem of
automobile-related crime (see, id.; Donnino, Practice
Commentaries, McKinney's Cons Laws of NY, Book 39, Penal Law §
165.09, at 416). Indeed, several proponents of the bill speak of
its protections against "vandalism" and "damage" to motor
Nevertheless, defendant argues that the statute is
drawn too broadly to achieve its goals. However, the Legislature
was mindful of the broad wording of the statute, as well as
concerns by opponents that the statute could potentially cover
more than just the theft of auto parts (see, e.g., Letter to
Governor's Counsel, dated July 12, 1984, Bill Jacket, L 1984, ch
390, § 1, at 26). Moreover, in amending the statute in 1996, the
Legislature was presumably aware of all existing decisions
interpreting it (see, Abegast v Board of Educ, , 65 NY2d 161, 169).
Those decisions do not confine auto stripping to the removal of a
part, but extend it to include damage or destruction to a vehicle
(see, eg., Matter of Tyson, 195 AD2d 558; People v Jordan, NYLJ,
Finally, we reject defendant's argument that he should not be prosecuted for auto stripping since his crime is also punishable under the criminal mischief statute. Absent a contrary legislative intent, "[o]verlapping in criminal statutes, and the opportunity for prosecutorial choice they represent, is no bar to prosecution" (People v Eboli, , 34 NY2d 281, 287; see also, People v Walsh, , 67 NY2d 747, 749). Auto stripping in the third degree, like criminal mischief in the fourth degree, is a class A misdemeanor, and is elevated to a felony only when the defendant has committed the crime within the last five years, like here, or has caused over one thousand dollars in damages to two or more vehicles (see, Penal Law §§ 145.00, 165.10[1], [2]). By imposing stiffer penalties on those who specialize in auto crime, the Legislature clearly intended to set auto-related offenses apart from offenses against other types of property.
Defendant's remaining arguments are without merit.
Accordingly, the order of the Appellate Division should be affirmed.