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PEOPLE v. MATTHEW P.

No. 154

26 N.Y.3d 332 (2015)

44 N.E.3d 149

2015 NY Slip Op 08454

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW P., Appellant.

Court of Appeals of New York.

Decided November 19, 2015.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Amy Donner of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ryan Gee and Alice Wiseman of counsel), for respondent.

Judges PIGOTT, RIVERA, ABDUS-SALAAM and FAHEY concur; Chief Judge LIPPMAN dissents in an opinion.

OPINION OF THE COURT

In this appeal, we are asked to consider whether our decision in People v Hightower (18 N.Y.3d 249 [2011]) precludes the larceny prosecution of a defendant who, in exchange for a fee, used a stolen New York City Transit Authority (hereinafter NYCTA) key to allow...

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