AT1 order dated October 15, 2013, affirming judgment of

conviction. Decision below: 41 Misc.3d 128(A), 980 NYS2d

277, 2013 WL 5629948. Lippman, Ch. J., granted leave June 5,

2014. Argued October 13, 2015.

ISSUES PRESENTED: (1) The sufficiency of the factual

allegations in an accusatory instrument charging petit larceny –

i.e., that defendant improperly used a key not belonging to him to

let two undercover police officers (and himself) into the subway

through an exit gate, for money. (2) The sufficiency of the factual

allegations charging theft of services – i.e., that defendant was

observed entering the subway “beyond the turnstiles” and without

“paying the required fare” by “walking through an exit gate.”

(Assigned counsel: Seymour James, Legal Aid Society, Criminal

Appeals Bureau, 199 Water Street, NYC 10038.)