Joseph Hightower was arrested because, in exchange for some cash, he allowed others to gain access to the New York City Transit system with his unlimited MetroCard.
After the Appellate Term, First Department, affirmed Hightower's "petit larceny" conviction, he appealed to our state's highest court.
Although his conduct was viewed as unlawful, the New York State Court of Appeals didn't think the guy's behavior was a "larceny" because the money he collected didn't come from the New York City Transportation Authority. While that cash might have gone to NYCTA if Hightower hadn't gotten to it first, that wasn't enough to support the crime charged--which typically requires the use of force or that some threat be made to a victim's person or property.
They took a good swipe at New York City Transit!
To view a copy of the Court of Appeals' decision, please use this link: People v. Hightower