Legal Opinion

The People v. Matthew P.

New York Court of Appeals

Decided November 19, 2015No. 154PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Stein, J.

In this appeal, we are asked to consider whether our decision in People v Hightower (18 NY3d 249 [2011]) precludes the larceny prosecution of a defendant who, in exchange for a fee, used a stolen New York City Transit Authority (hereinafter NYCTA) key to allow two individuals to enter the subway system through an emergency exit gate. Inasmuch as High-tower is distinguishable and does not bar prosecution under the circumstances of this case, the Appellate Term properly upheld defendant’s conviction. We, therefore, affirm.

L

In June 2011, defendant was charged, by…

2Cases cited11 opinions

  1. People v. CaseyNew York Court of Appeals · 2000
  2. People v. KalinNew York Court of Appeals · 2009
  3. People v. CaseNew York Court of Appeals · 1977
  4. People v. DumayNew York Court of Appeals · 2014
  5. People v. DreydenNew York Court of Appeals · 2010

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. People v. FavorsAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. Johnson-McLean (Kimone)Appellate Terms of the Supreme Court of New York · 2021
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2023
  4. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2023
  5. People v. WilsonAppellate Terms of the Supreme Court of New York · 2017

11 more not listed; retrieve them via the Exa API.

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