People v. Matthew Pin


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.)