SWIPE THIS!

In People v. Mattocks, Jonathan Mattocks was convicted and sentenced to two to four years in prison, for criminal possession of a forged instrument.

According to experts, there is a specific spot on a MetroCard's magnetic strip which, when creased in a certain way, activates the turnstile -- even if the card lacks sufficient funds for the fare. Upon his arrest, Mattocks was found with 14 "altered" Metrocards.

Someone can be found guilty of criminal possession of a forged instrument when the item has been "falsely made, completed or altered."

Since an "alteration" occurs when an item is made to look "authentic" or appears "fully authorized" by its maker, Mattocks argued that "a bent MetroCard" didn't fit within that statutory definition.

On appeal, the Appellate Division, First Department, disagreed and was of the opinion that the real issue was whether the cards triggered subway turnstiles. Since Mattock's cards had zero dollar value but still permitted access to the public transportation system, they were found to have been "falsely altered" within the law's meaning.

Only the Court of Appeals can alter that!

To download a copy of the Appellate Division's decision, please use this link: People v. Mattocks