People v. Best

OPINION OF THE COURT

Eileen N. Nadelson, J.

Defendant is charged with violation of section 165.15 (3) of the Penal Law, which states:

*598“A person is guilty of theft of services when: . . .

“3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering,…