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PEOPLE v. SMITH

100 N.Y.2d 571 (2003)

796 N.E.2d 472

764 N.Y.S.2d 381

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

Court of Appeals of the State of New York.

Decided July 2, 2003.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Amy Donner and Andrew C. Fine of counsel), for appellants.

Robert M. Morgenthau, District Attorney, New York City (Robert W. Gifford and Mary C. Farrington of counsel), for respondent.

Martin B. Schnabel, Brooklyn, and David A. Goldenberg for New York City Transit Authority, amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

MEMORANDUM.

In each case, the order of the Appellate Term should be affirmed.

Defendants were arrested (in separate incidents) when police officers saw them accepting money to "swipe" a farecard to allow commuters through a turnstile into New York City's subway system; neither defendant himself entered the subway. The People filed informations charging defendants with violating 21...

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