Use Veh:By Temp Custd-No Cnsnt in Erie County
PL § 165.05 · Misdemeanor · 121 cases · 2024–2025
In Erie County, 51.4% of 121 Use Veh:By Temp Custd-No Cnsnt (PL 165.05) cases were dismissed and 48.6% resulted in conviction, based on 2024–2025 OCA arraignment data. The median fine for conviction is $125.
Data sourced from the NYS Office of Court Administration (OCA) STAT Act. Covers arraignments in 2024–2025. Last updated: March 2026
121
Total Cases
51.4%
Dismissal Rate
48.6%
Conviction Rate
5.8%
DAT Rate
33
Median Age
Fines & Surcharges
$125
Median Fine
$50–$250
Fine Range
$200
Median Surcharge
14
Cases With Fines
Sentencing Breakdown
| Sentence | Count | Percentage |
|---|---|---|
| Conditional Discharge | 18 | 36.7% |
| Imprisonment | 17 | 34.7% |
| Fine | 13 | 26.5% |
| Probation | 1 | 2.0% |
Dismissal Reasons
| Reason | Count |
|---|---|
| Motion to Dismiss Granted | 22 |
| ACD | 18 |
| Statutory Motion to Dismiss in Furtherance of Justice (CPL 170.40) | 8 |
| Untimely Prosecution (CPL 170.30 (1)(d)) | 3 |
| Order of Observation-Final (CPL 730.40 (2)) | 2 |
Age Distribution
| Age Group | Cases |
|---|---|
| 25-34 | 43 |
| 35-44 | 32 |
| 18-24 | 22 |
| 45-54 | 13 |
| 55-64 | 7 |
| Under 18 | 3 |
PL 165.05 in Other Counties
| County | Cases | Dismissal Rate | Conviction Rate |
|---|---|---|---|
| Bronx | 816 | 89.3% | 10.7% |
| Queens | 401 | 70.8% | 29.2% |
| Kings | 356 | 92.8% | 7.2% |
| Monroe | 262 | 69.4% | 30.6% |
| New York | 233 | 86.1% | 13.9% |
| Suffolk | 150 | 41.5% | 58.5% |
| Onondaga | 139 | 82.0% | 18.0% |
| Nassau | 130 | 55.8% | 44.2% |
| Richmond | 129 | 64.3% | 35.7% |
| Westchester | 121 | 58.9% | 41.1% |
| Albany | 61 | 38.0% | 62.0% |
| Oneida | 53 | 24.3% | 75.7% |
| Orange | 40 | 68.6% | 31.4% |
| Broome | 29 | 50.0% | 50.0% |
| Niagara | 28 | 53.8% | 46.2% |
| Cattaraugus | 25 | 27.8% | 72.2% |
| Chemung | 22 | 44.4% | 55.6% |
| Dutchess | 20 | 46.7% | 53.3% |
| Ulster | 20 | 46.2% | 53.8% |
Common Questions
Statistics from public court records for informational purposes only. Not legal advice.
Based on 121 cases arraigned in 2024–2025, 51.4% of Use Veh:By Temp Custd-No Cnsnt cases in Erie County are dismissed and 48.6% result in conviction. The median fine for conviction is $125. For guidance on your case, consult a licensed New York attorney.
Based on 14 convicted cases with reported fines, the median fine for Use Veh:By Temp Custd-No Cnsnt in Erie County is $125. The median surcharge is an additional $200.
Data source: NYS OCA-STAT Act (2024–2025). 121 cases analyzed. Last updated March 2026. — NewYorkCourtFile.com
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