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PEOPLE v. SMITH

191 Misc.2d 83 (2002)

739 N.Y.S.2d 519

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIAM SMITH, Respondent.

Supreme Court, Appellate Term, First Department.

January 30, 2002.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Mary C. Farrington of counsel), for appellant.

Legal Aid Society, New York City (M. Sue Wycoff and Amy Donner of counsel), for respondent.

PARNESS, P.J., DAVIS and SUAREZ, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered April 4, 2000 reversed, on the law, defendant's motion to dismiss denied, and the accusatory instrument is reinstated.

This criminal prosecution stems from police allegations that defendant, in exchange for money, "swipe[d]" a Metrocard through the turnstile of a New York City subway station "in order to allow [two] individuals to enter the subway station...

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