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A man who refused to pay for a 7-Eleven doughnut after complaining it was stale was arrested Tuesday morning, and now faces petit larceny and criminal possession of stolen property charges.

Daniel Schlagler, 19, ate some of the pastry and drank from a fountain soda before approaching the register at the Sunnyside location, a law enforcement source told DNAinfo.

"I am not paying for it, I didn't like it," Schlaglerreportedly said.

Schlagler’s lawyer told the website that his client took a bite while in line to pay, and discovered it was stale.


Cappelli said Schlagler tried to pay for just the soda, but that the employee refused.

"This is a totally bogus arrest," Alan Cappelli reportedly said. "They should have apologized and given him a fresh donut."

He was released without bail and is due back in court on Oct. 14, per DNAInfo.