After he was convicted of petit larceny by the New York County Criminal Court, Robert Didonato took an appeal.
While he allegedly allowed multiple people to use his unlimited Metrocard--in exchange for cash payments--the Appellate Term, First Department, didn't think that was a form of thievery that justified a criminal case against the guy.
They took a nice swipe at the City there.
To view a copy of the Appellate Term's decision, please use this link: People v. Didonato (Robert)