People v. Dingle

OPINION OF THE COURT

Robert M. Mandelbaum, J.

*380Because this court concludes that the sale of a pay-per-ride MetroCard does not constitute petit larceny, defendant’s motion to dismiss that charge must be granted.1

Defendant stands charged by information with petit larceny, loitering, and illegal access to Transit Authority facilities, premised on allegations that on February 18, 2008, at about 2:35 p.m., inside the subway station at 116th Street and Lexington Avenue in Manhattan, defendant was standing for five minutes in front of the turnstiles, but did not enter the turnstiles to access a subway…