NYSentencing

§ 165.05  Unauthorized use of a vehicle in the third degree.
    A  person  is  guilty  of unauthorized use of a vehicle in the third
degree when:
    1.   Knowing  that  he  does  not  have the consent of the owner, he
takes, operates, exercises control over, rides in or  otherwise  uses  a
vehicle.   A  person who engages in any such conduct without the consent
of the owner is presumed to know that he does not have such consent; or
    2.   Having  custody  of  a vehicle pursuant to an agreement between
himself or another and the owner thereof whereby he  or  another  is  to
perform  for compensation a specific service for the owner involving the
maintenance, repair or use of such vehicle,  he  intentionally  uses  or
operates  the  same,  without  the  consent  of  the  owner, for his own
purposes in a manner constituting a  gross  deviation  from  the  agreed
purpose; or
    3.   Having  custody  of a vehicle pursuant to an agreement with the
owner thereof whereby such vehicle is to be returned to the owner  at  a
specified   time,  he  intentionally  retains  or  withholds  possession
thereof, without the consent of the  owner,  for  so  lengthy  a  period
beyond  the  specified  time as to render such retention or possession a
gross deviation from the agreement.
    For  purposes of this section "a gross deviation from the agreement"
shall consist of, but not be limited to, circumstances wherein a  person
who having had custody of a vehicle for a period of fifteen days or less
pursuant to a written agreement retains possession of such  vehicle  for
at  least  seven  days  beyond the period specified in the agreement and
continues such possession for a period  of  more  than  two  days  after
service  or  refusal  of  attempted  service of a notice in person or by
certified mail at an address indicated in the agreement stating (i)  the
date  and  time at which the vehicle was to have been returned under the
agreement; (ii) that  the  owner  does  not  consent  to  the  continued
withholding  or  retaining  of  such vehicle and demands its return; and
that continued withholding or retaining of the vehicle may constitute  a
class  A  misdemeanor punishable by a fine of up to one thousand dollars
or by a sentence to a term of imprisonment for a period  of  up  to  one
year or by both such fine and imprisonment.
    Unauthorized  use  of  a  vehicle  in  the third degree is a class A
misdemeanor.
with Argument