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PEOPLE v. MATTOCKS

12 N.Y.3d 326 (2009)

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

Court of Appeals of New York.

Decided April 30, 2009.

Attorney(s) appearing for the Case

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

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

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case, we are asked whether the forgery provisions of Penal Law article 170 apply to Metropolitan Transportation Authority "MetroCards" that were purposefully bent in order to obtain free fares. We hold that this type of alteration can be prosecuted as a forgery.

I

The Metropolitan Transportation Authority (MTA) is responsible for operating the mass transit system in the New York

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