People v. Wilson

OPINION OF THE COURT

Judgment of conviction, rendered September 20, 2013, modified, as a matter of discretion in the interest of justice, to the extent of reducing the conviction to disorderly conduct, and reducing the sentence to time served.

The misdemeanor information charging theft of services (see Penal Law § 165.15 [3]) was not jurisdictionally defective. Defendant’s intent to unlawfully obtain subway service is reasonably inferred from the surrounding circumstances of his actions (see People v Bracey, 41 NY2d 296, 301 [1977]), including his entry into the subway system “without paying”…