OPINION OF THE COURT
MOSKOWITZ, J.
On the night of February 17, 2008 at 9:30 P.M., defendant hailed a livery cab at 116th Street and Madison Avenue and asked the cabdriver to take her to 109th Street and Lexington Avenue. Defendant claimed to have only $4, said she knew the minimum fare was $6, but asked the cabdriver to "do her a favor and take her" anyway. The cabdriver agreed, because it was cold and raining, and defendant looked a little sick.
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