PEOPLE v. McELROY

2014-02764, Ind. No. 55/13.

139 A.D.3d 980 (2016)

31 N.Y.S.3d 593

2016 NY Slip Op 03897

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANDREW McELROY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 18, 2016.


Ordered that the order is affirmed insofar as appealed from.

The evidence at trial established that, in the early morning hours of January 1, 2013, the defendant, who was intoxicated, was a passenger in a taxicab operated by Key Kim. The defendant and Kim had a disagreement about the fare, and after the defendant's credit card was charged for the trip, the defendant refused to sign the credit card receipt or provide a tip. Kim followed the defendant out of the cab...

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