PEOPLE v. MARSHALL (2000)

Judgment of conviction rendered August 25, 1998 (James P. Sullivan, J.) affirmed.

 Evidence at trial was that defendant entered a New York City subway station without paying the required fare by “step[ping] over” a turnstile.   Viewed in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), the evidence was legally sufficient to support defendant's conviction of third degree criminal trespass (Penal Law § 140.10[a];  see, People v. Zaret, N.Y.L.J., Nov. 28, 1997, at 28, col. 4 [App.Term, 1st Dept.], lv. denied 91 N.Y.2d 899, 669 N.Y.S.2d 14, 691 N.E.2d 1040).   We decline the defendant's invitation to reconsider our decision in People v. Zaret (supra ), and note that this appeal marks the second time that this defendant has asked us to reexamine Zaret (see, People v. Marshall, N.Y.L.J., Sept. 30, 1998, at 25, col. 1 [App.Term, 1st Dept.], lv. denied 92 N.Y.2d 1051, 685 N.Y.S.2d 429, 708 N.E.2d 186).   We reaffirm our view that a lawful order precluding entry is not a necessary element of the People's case in a criminal trespass prosecution involving entry into a City subway station “equipped with self-locking turnstiles and gates designed to prevent unauthorized entry” (People v. Zaret, supra ).

Upon our independent review of the facts, we are satisfied that the guilty verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672).

PER CURIAM.