People v. Mattocks

51 A.D.3d 301, 855 N.Y.S.2d 106
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 16, 2008
StatusPublished
Cited by5 cases

This text of 51 A.D.3d 301 (People v. Mattocks) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Mattocks, 51 A.D.3d 301, 855 N.Y.S.2d 106 (N.Y. Ct. App. 2008).

Opinion

OPINION OF THE COURT

Nardelli, J.

The primary issue raised on this appeal is whether a New [303]*303York 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 on October 26, 2005, was charged with 14 counts of criminal possession of a forged instrument in the second degree. Defendant subsequently filed an omnibus motion in which he sought to suppress all of the physical evidence seized from him, as well as any statements made to the police following his arrest. The motion court, in a decision and order entered January 31, 2006, denied defendant’s application for a Mappl Dunaway hearing on the grounds that the allegations of fact set forth by the defense were insufficient to warrant a hearing, and that defendant had not satisfactorily demonstrated standing to move to suppress the evidence. That branch of defendant’s motion which sought a Huntley hearing was granted, and a hearing was held on April 26, 2006, after which the hearing court denied defendant’s application to suppress his statements to the police.

Testimony educed at trial reveals that on October 19, 2005, at approximately 12:25 a.m., New York City Police Officers Jermaine Matos and Herman Valentin were on routine patrol, in uniform, in the subway station located at 125th Street and Lexington Avenue, New York, New York. Officer Matos stated that he was ascending the stairs from the northbound platform when he observed defendant picking up MetroCards from the floor. Officer Matos then entered an office utilized by Metropolitan Transportation Authority (MTA)1 personnel in order to observe defendant without being detected, and watched as defendant proceeded back and forth from a MetroCard reader to the turnstiles, swiped MetroCards, bent them along the magnetic strip, and approached riders while trying to solicit them. Officer Matos asserted that in the three to five minutes he was in the office, he observed defendant use the bent Metro-Cards to swipe two riders into the subway in exchange for money. Officer Valentin, on the other hand, viewing defendant from a different perspective, testified that he was approximately 50 feet away from the turnstiles and saw defendant swipe three [304]*304riders into the subway. The officers both testified that they kept in contact with each other over their portable radios while observing defendant.

Officer Matos subsequently exited the office, approached defendant and said “hey,” which prompted defendant to run up the stairway toward the street. Officer Matos apprehended defendant in the stairwell and, during a search incident to arrest, Officer Valentin recovered 14 MetroCards from defendant, all of which were creased on a specific spot of the magnetic strip, as well as $3 from defendant’s pocket.

Dr. James Eastman testified as an expert for the People regarding the MetroCard security system and explained that each MetroCard has a black magnetic strip that is electronically encoded with information, including the card’s unique serial number. Each time a card is swiped at a turnstile and someone gains entry, the MTA’s computer system reads and records the information stored on the card, maintaining a history of every MetroCard transaction.

Dr. Eastman pointed out that for value-based cards, which are limited to a specific dollar amount, information concerning the card’s value is stored electronically on two variable fields on the magnetic strip and when swiped, both variable fields are read by the computer. If the turnstile computer grants access, it then deducts the cost of a ride and writes the remaining value onto the card. Dr. Eastman stated that the electronic notation reflecting the deduction is made in only one of the fields and, with each successful swipe, the computer deducts the appropriate value from alternating fields. Dr. Eastman, by way of example, explained that a MetroCard purchased for $4 initially registers that amount in both fields and, when used for the first time, the computer deducts the $2 fare from only one field, leaving the other field at $4. The second time the card is utilized, the computer deducts $4 from the field containing the $4 amount, writes in a new amount of zero, and leaves the notation of $2 in the remaining field. Dr. Eastman stated that the reason for the double-field system is that in case of a computer writing error, or if the card is damaged, there is always a backup field to give the rider “the benefit of the doubt.”

Unfortunately, as Dr. Eastman explained, the system can be circumvented by purposely damaging the field on the magnetic strip which indicates the card has a zero balance by creasing or bending it precisely where the zero-value field is located, thereby destroying the information contained in that field. Dr. Eastman [305]*305further noted that the zero-value field is generally located at a specific part of the magnetic strip and, once that information is destroyed, the computer then relies on the remaining field and reads a value of $2, enabling a passenger to enter the subway system without paying the fare. In order to gain admittance in this manner, however, the card must be swiped twice, although the swipes do not have to be consecutive. Accordingly, an individual attempting to create and then sell a free ride can swipe the card once at a turnstile and then return later, once a willing customer is found, to swipe the card a second time to procure entry.

Dr. Eastman testified that of the 14 cards recovered from defendant, all had magnetic strips that had been creased or tampered with; 11 had a zero balance remaining on them, but none of them had last been used at the station where defendant was apprehended; 3 of the 11 cards had been successfully altered and could have been used for a free ride; and two of the cards had $2 remaining on them.

Robert Fraser, a station agent in the employ of the MTA who was assigned to the token booth on the night defendant was arrested, testified for the defense that when he began his shift, he noticed “a large amount of males,” between the ages of 8 and 12, “loitering in the mezzanine area” and observed them “selling swipes at the turnstiles.” Fraser notified Station Command at the MTA and, approximately one hour later, he saw the police apprehend a man, although he did not see who was apprehended.

Defendant was subsequently convicted by a jury, on May 11, 2006, of one count of criminal possession of a forged instrument in the second degree2 and on June 7, 2006, the sentencing court adjudicated defendant a second felony offender and imposed a sentence of from 2 to 4 years’ imprisonment. Defendant appeals and asserts that the People failed to prove, by legally sufficient evidence, that the bent MetroCards found in his possession meet the statutory definition of a forged instrument. Defendant premises his argument on the assertion that a bent MetroCard no longer resembles an authentic MetroCard to the human eye and, thus, does not replicate the original in all ways. Defendant, however, neglects to argue the alternative: that even assuming a bent MetroCard is, in fact, a forged instrument, the evidence [306]*306was still legally insufficient to establish his guilt.

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Related

People v. McFarlane
63 A.D.3d 634 (Appellate Division of the Supreme Court of New York, 2009)
People v. Mattocks
908 N.E.2d 878 (New York Court of Appeals, 2009)
People v. Grant
54 A.D.3d 589 (Appellate Division of the Supreme Court of New York, 2008)
People v. Dingle
20 Misc. 3d 379 (Criminal Court of the City of New York, 2008)
People v. Taylor
50 A.D.3d 358 (Appellate Division of the Supreme Court of New York, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
51 A.D.3d 301, 855 N.Y.S.2d 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mattocks-nyappdiv-2008.