In People v. Arroyo (12 Misc 3d 1003, 815 N.Y.S.2d 922 [NYC Crim Ct, NY Co 2006]), the defendant Antonio Arroyo was charged with PL § 155.25 and PL § 165.40 after the police had intentionally left an unattended bag on the subway platform which contained an Xbox video game box, a camouflage-print Sprint cellular phone, and cash.
After some time, Arroyo took the bag and walked away with it, passing two uniformed police officers. The People contended a commuter told the defendant to turn the property in to the transit authorities, to which the defendant reportedly replied "I'll take my chances."
Soon thereafter, while still on the subway platform, the defendant was arrested.
In Arroyo, that defendant also moved to dismiss in the interests of justice. Judge Sciarrino, Jr. granted that motion.