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PEOPLE v. MATTOCKS

51 A.D.3d 301 (2008)

855 N.Y.S.2d 106

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN MATTOCKS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 16, 2008.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Brian P. McCloskey and Sara Gurwitch of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Gina Mignola of counsel), for respondent.

ANDRIAS, J.P., WILLIAMS, McGUIRE and ACOSTA, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

The primary issue raised on this appeal is whether a New York City transit MetroCard, which had been altered so that it could be used to enter the subway system when it contained a zero balance, satisfies the statutory definition of a forged instrument as set forth in Penal Law § 170.00.

Defendant Jonathan Mattocks, by New York County indictment No. 5481/05, filed...

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