Use of Stolen New York City Transit Authority (NYCTA) Key to Allow Persons to Enter the Subway System for a Small Fee Deprived the NYCTA of Its Property and Therefore Constituted Petit Larceny

The Court of Appeals, in a full-fledged opinion by Judge Stein, over a dissent, determined the misdemeanor information adequately alleged petit larceny based upon the defendant’s use of a stolen New York City Transit Authority (NYCTA) key to allow two people to enter the subway system in return for a small fee. The issue was whether the information alleged that the NYCTA was the “owner” of the fees paid to the defendant. The case turned on distinguishing People v Hightower (18 NY3d 249) where the court held the use of a legally purchased MetroCard to swipe persons through a subway turnstile (for a fee) did not constitute petit larceny because the NYCTA did not own the card and therefore no property was taken from the NYCTA. The fact that the NYCTA key was stolen was the distinguishing factor. The dissent, however, did not see the distinction. The majority wrote:

… [T]he information adequately alleged all the elements of a larceny in setting forth defendant’s unauthorized use of the illegally-obtained key to allow the undercover officers to enter through the emergency exit gate in exchange for money, thereby depriving the NYCTA, as the owner, of its property. People v Matthew P., 2015 NY Slip Op 08454, CtApp 11-19-15