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The officer contends she was eating in a restricted eating area hence the attempt to cite her. Just because she swallowed the last bit quickly doesn't vinidate her from the original offense. The officer asked her to stop because he was going to cite her and she ignored and insulted him.
Now, the articles states that she was "finishing a candy bar on her way into a subway station where eating is prohibited ". To determine the legitimacy you need to know exactly where the trash can was. Was it already in the no eating area or was it outside the no eating area. Given the tendancy of journalists to hype their reports in hopes of getting more play out of it, I would tend to default to the officers perspective.
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"If something has to give then it always will."
-- Editors
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